Out of state driver in Michigan accident with &#39;no fault&#39; law
<p>I was recently involved in an accident in Michigan where I was stationary and was rear-ended, hard, resulting in enough damage to my vehicle that it's not drivable. I only have liability insurance and I'm insured in Maryland. Michigan has a 'no fault' law where each driver's own insurance covers their own property damage in the event of an accident. The police report for the accident did mark the other driver as being at fault for the accident.</p>

<p>I need to repair or replace my vehicle, but the at-fault driver's insurance won't cover more than Michigan's $1000 'mini-tort' limit due to the no fault law - they have stated this. The mini-tort provision apparently prevents me from suing the at-fault driver for vehicle damages greater than $1000, too. Also, as far as I can tell, my insurance won't pay for the damage since I don't have comprehensive coverage. I still have to talk to a claims adjuster from my insurance company tomorrow, but everyone I've talked to so far has suggested that I won't be covered by them. FYI I'm insured with Erie, and they don't sell insurance in Michigan.</p>

<p>Does the mini-tort limit really apply in this case since I'm not insured in Michigan? Should my insurance cover me? </p>

<p>I can't imagine that the law would have a hole like this that leaves an insured driver who is the victim of an accident out in the cold, but it seems like it might.</p>

<p>In Michigan, <a href="https://www.michigan.gov/documents/cis_ofis_ip202_25083_7.pdf" rel="noreferrer">the government says</a>, there are circumstances where as a Michigan resident you can be sued, if you are in an accident with a non-resident driving a non-Michigan vehicle. Erie is a "<a href="https://www.michigan.gov/documents/cis_ofis_cert_3163_25526_7.pdf" rel="noreferrer">compliant</a>" company, which under <a href="http://www.legislature.mi.gov/(S(rpjy253zk3jtx4bgm5hnqn5y))/mileg.aspx?page=GetObject&amp;objectname=mcl-500-3163" rel="noreferrer">MCL 500.3163(2)</a> means that they have an upper limit of
$500,000 in benefits to an out of state party (even though they don't write insurance in Michigan).</p>

<p>Since the other party is (allegedly) at fault - were they cited by police?  Is there a police report that shows they hit you from behind?  Then generally your insurance will cover your loss and go after the other party's insurance to be made whole.</p>

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