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      07-19-2015, 12:35 AM   #1
TheLegend
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Need some advice Michigan No Fault Policy

So i was parked, and a driver hit my car. At least that person had the decency to report it so police was involved got his insurance. Problem is I'm new to michigan and I don't know how to deal with this no fault law. I mean it absolutely was his fault, I was frigging parked and he hit me. My dashcam caught the entire thing. Granted damage seems pretty minimal, looks like his tire caught the side of my car barely, but it's hard to tell if there's damage underneath of if it's something that can be buffed out. Worse yet if this goes through insurance which looks like it has to since the cops were involved and the report was filed that's a ding on the carfax. Whats the deal here, can I call the person who hit me and negotiate with him to cover my cost without going through insurance, or at this point its too late since the police report was filed? The tire and wheels, rear quarter panel, and my door was involved. My tire sidewall was completely clean since i washed it just yesterday. If paint work is involved I imagine it's going to get real pricey, not to mention the huge depreciation hit. Anybody got any advice?






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      07-19-2015, 12:37 AM   #2
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Subscribed.... interested to hear how that works. Also who's insurance covers what and who's rates go up
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      07-19-2015, 01:28 AM   #3
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I'm sorry OP. I don't know anything about the laws you are asking about. It looks like most of the markings on the paint can be buffed out if I had to guess. Rim repair is a pretty simple and common procedure as well. If I had to guess, the damage is purely cosmetic. I doubt there was any suspension damage or the damage to the body would probably be more severe. Again, only my guess. My whole point to saying this is that I hope the repairs will be relatively cheap.

A few questions. Where you in the car, or car running? How did your dashcam catch it? Biggest question, how is this considered a no-fault accident? I've had 1 accident, and it was considered a no-fault. Just me and a slide, in rainy weather conditions, into a tree. With the no-fault accident, and insurance involved, your premium may go up. I'm not certain about this for your situation, but mine certainly did. My car was also totaled though.
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      07-19-2015, 02:00 AM   #4
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Sorry man, if he reported it to the policy it doesn't matter if his insurance covers it or not, it goes to the record.

This happened to me a couple of years back, somebody rear ended me with an SUV and fled the scene. I got their tag and put a police report + contacted the other party's insurance. Since the person I saw driving the offending car was a male and it was registered to a female, they replied they would not pay a dime. Since the damage was about as much as my deductible, I paid it myself.

When I sold the car a couple of years later, the hit was on my carfax, regardless of the fact that I paid for the damage out of pocket and the other guy's insurance didn't go through.

This being said, carfax is a wild car, sometimes they add records to the car and sometimes they don't in situations like this one. You certainly have a better chance if the insurance co is not involved.

But I am not sure what you could potentially offer the other party for him to pay cash to fix your car instead of going through his insurance... Why would he accept?
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      07-19-2015, 02:12 AM   #5
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what's the point in having insurance if someone hits you and it's clearly their fault, and you still have to pay??? that makes my head want to explode!
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      07-19-2015, 02:44 AM   #6
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Well... As inunderstand it It depends on The OPs insurance limits/deducible... If you are gowing through your own ins company, that is.
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      07-19-2015, 03:31 AM   #7
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From Michigan and currently insured there

Get a copy of the police report and did you get a copy of his insurance info? I would contact his insurance company and get the process started and I would also advise your insurance company .

Michigan has different coverage and terms.. look at the PDFs below.
But there is No Collision, Limited, Standard, Broad Form Coverage's and all kinds of perks/ options ... If they have insurance I wouldn't be too concerned, even if they don't or are underinsurance your policy will catch it..You may have to pay your deductible but you can tort claim it on there's.

Your questions about No Fault can be answered here, its actually not as bad as what your think. Just a matter of what kind of policy you have and what kind of policy they have.

I would find the BMW Authorized Body shop for repairs and ask about perceived lost value because your carfax will always report an accident and that can effect value at sell or trade in. However, it will also come down to what is put in Carfax and the details of the accident

http://michigan.gov/documents/cis_of...gd_25094_7.pdf
http://michigan.gov/documents/cis_of...02_25083_7.pdf


Michigan Auto Insurance is among the highest in the nation because of the Medical Benefits are unlimited in an auto accident.

"A Michigan no-fault policy provides unlimited medical
and rehabilitation benefits. It provides wage loss
benefits for up to three years, and $20 per day for
replacement services if you are injured in an auto
accident, regardless of fault. In exchange for these
benefits, Michigan motorists gave up the right to
sue in auto accidents except when someone is killed
or very seriously injured. Because of this, disputes
over who was at-fault in an accident will not hold
up payment of medical bills. Michigan is unique in
that damage to vehicles also falls under the no-fault
system. This, too, saves time and money in claims
payment. Michigan drivers must buy collision and/
or comprehensive insurance to cover damage to
their own car."

Last edited by DocWeatherington; 07-19-2015 at 03:46 AM..
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      07-19-2015, 07:51 AM   #8
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First, welcome to the mitten. Second, sorry to hear about this but lets get it fixed! :-(

You said the other driver has insurance? If so then file a claim with your insurance company asap with police report plus his/her insurance information. Next, find a body shop of your choice to get an estimate. Where are you located in MI? If you are in Oakland county then I would recommend Craig Jamison at Automark Collision in Farmington Hills - Automark is owned by Erhard BMW and they service mostly BMW's. I've taken almost all of my cars there for yearssss including non-BMW. Craig will know what to do next.

I hope this helps and keep us posted.

If you want to chat live then PM your contact info to me and I can help as I've been through this scenario before a few years ago.

Last edited by drexplode; 07-19-2015 at 07:57 AM..
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      07-19-2015, 08:24 AM   #9
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Although the info you guys are providing looks very useful I think what OPs main concern is whether this accident will go to the carfax or not, regardless of how he fixes it. I believe the answer is yes, it will go to the carfax.

OP, please correct me if I'm wrong.

Cheers!
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      07-19-2015, 10:45 AM   #10
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Yeah the damage doesn't look too bad and there's a good possibility that no real damage was done. I was at a party at my friends house. The car was parked on the street, so I was not in my car. I have a blackvue dashcam which records the entire time even if i'm not in the card. The hit wasn't even strong enough to trigger an event recording, and frankly the other person had the decency to call, there's already a police report filed and they got all the information, phone number, license, insurance policy. The police said it was definitely his fault.

Thanks DrExplode, I'll definitely check out that body shop on Monday.

Looking at the Michigan Laws. I saw this:
"Your no-fault insurance DOES NOT pay for repairs to your car if it is damaged in an
accident. If your car is properly parked and hit
by another car, the other driver’s no-fault
coverage will pay for the damage to your car.
Except for this one situation, the only kinds of
auto insurance that will pay for repairs to your
car are collision and comprehensive coverage."

So according to this his insurance would have to pay for my damages.

Unfortunately it looks like it will inevitably go on the carfax report . All I can do now is file a claim and see if I can make a diminished value car insurance claim. I'm gonna give the police a call to see how to proceed.
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      07-20-2015, 02:21 PM   #11
TheLegend
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Ok guys, went to automark collision and they were fantastic. I highly recommend anyone use them in the future. He was able to clean up most of the rubber marks off and underneath there doesn't appear to be any damage or dent. Couple marks left that you really have to look to see. The only thing that needs to be replaced is the PPF which will cost less than $100. They didn't even charge me to buff it out.

So the problem is that there's already a police report, and now I think no matter what I do It's going on the record, even if the damage is pretty much minuscule. Will I have any luck pursuing a diminished value claim?
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      07-20-2015, 09:24 PM   #12
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Unfortunately, Michigan is one of those states that do not allow diminished value claims. It looks like the damage was minimal and you'll be back in the road in no time.
Btw, welcome to Michigan. I used to live in DC then North Bethesda in a previous life.
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      07-20-2015, 10:13 PM   #13
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Quote:
Originally Posted by TheLegend View Post
Ok guys, went to automark collision and they were fantastic. I highly recommend anyone use them in the future. He was able to clean up most of the rubber marks off and underneath there doesn't appear to be any damage or dent. Couple marks left that you really have to look to see. The only thing that needs to be replaced is the PPF which will cost less than $100. They didn't even charge me to buff it out.

So the problem is that there's already a police report, and now I think no matter what I do It's going on the record, even if the damage is pretty much minuscule. Will I have any luck pursuing a diminished value claim?
Awesome!! Before and after photos?

Did you see Craig?
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      07-20-2015, 11:27 PM   #14
TheLegend
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Man I need to get a beater/daily driver car asap. These laws are unbelievable, at least I seemed to have lucked out for a first incident. Could have been way worse, and looks like my rates won't be affected. Yeah I worked with Craig and it was a wonderful experience, he didn't even charge me to clean up the rubber marks. Here's the after. Only thing that didn't clean up which was the ppf as you can see.



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      07-20-2015, 11:39 PM   #15
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Quote:
Originally Posted by TheLegend View Post
Man I need to get a beater/daily driver car asap. These laws are unbelievable, at least I seemed to have lucked out for a first incident. Could have been way worse, and looks like my rates won't be affected. Yeah I worked with Craig and it was a wonderful experience, he didn't even charge me to clean up the rubber marks. Here's the after. Only thing that didn't clean up which was the ppf as you can see.



Haha the laws aren't that bad...

I would ask the PD/ Insurance what the process is. There may not be anything in CARFAX if no claims where made. Also, not sure if you can ask but the info that is put in carfax could be more descriptive vs "Auto Accident", IE Park Car Hit, no damage or body work required.
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      07-21-2015, 08:30 AM   #16
TheLegend
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Great the driver's phone number on the police report does not work. So I can't even contact him to be like hey it's only cost $100 why don't we do this out of insurance.

I asked my insurance and he was basically like he has no idea. I shot an email to the officer who took down the report but he hasn't responded. Anyhow since there's no diminished value claims in Michigan anyways it's pretty pointless.
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      07-21-2015, 10:49 AM   #17
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Based on my experience with both hit and run and another lady who was nice enough to leave a note, the insurance company will take care of everything including most likely waiving your deductible.

As the damage is probably just cosmetic it shouldn't affect your long term resale value, but I'd keep all of your records of repair for this reason. Both the buyer of my 335i and my old Legacy GT understood what happened and didn't feel like it diminished the car.

Sorry to hear. I know you're new to MI. We met briefly at the Ligenfelter Cars and Coffee a few weeks ago (Don in the Mineral White M3). It's bad enough you have to deal with our roads but already a careless fool!
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      07-21-2015, 08:19 PM   #18
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It was great meeting you Don! Yeah it's unfortunate but I guess I lucked out in that damages were pretty minimal. And I happen to qualify for the one exception in michigan where the driver is at fault. Yeah I took pictures, have a copy of the estimate.
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