Auto Insurance/Mini Tort Law question

[Downriviera]

While legally parked unoccupied my car was heavily damaged in a police chase. Stolen van being chased by Dearborn Police hit my car, took off, van died a block away, thief bailed and they never found him. Guy was wearing a dayglo green shirt this was in broad daylight and 4 police departments looking for him could not find him!!!??? Since my car was 10 years old I just had PDPL on it so the question is, can I get any money? From the police report I have the van owners name/address/vin number but the report does not state if van is insured. Can I get money from van owners insurance company if it was insured? Can I get any money if it wasn't insured? I'm thinking I'm screwed in this instance. On the bright side in another 10 seconds I would have been walking out of the store and getting in my car and been hit. Thanks!

[Lowell]

Sorry for your losses happy for your safety. Probably screwed. My general understanding, and experience, under Michigan no-fault law is that your insurance company is responsible for repairs to your vehicle. However you may go after the other party or party's insurance for the costs of your deductible up to $400-500 if the other driver is clearly at fault, meaning ticketed. I have collected that on three occasions where I was hit and the other party was ticketed. In all three cases the other party paid up without contesting so it went smoothly. The last time was about 15 years ago. Maybe the rules have changed since.

I would think you could go after the thief, who knows he may have car insurance too. But is it worth the time and un-likelihood of payment to go after a few hundred? Ask your insurance agent. Good luck.

[jackie5275]

I'd be hard pressed to try any mini tort on this. The van was stolen. The van's owner or their insurance company isn't responsible for the thief's actions. Sorry, but it looks like a no win situation for you in this matter.

[Crystal]

I believe the stolen van's insurance company is responsible for the thief's actions while driving the van. It's the van that is insured, not the owner.

[Zacha341]

Mini Tort can be tricky and usually involves the other driver being at fault as I experienced it. And you having at least basic insurance, active at time of accident. I filed successfully against a person who lightly rear-ended me a few winters back, even though I did not have collision coverage on my older car.

Though the hit was minor I still had about $1500+ worth collision work needed.

Thankfully, the other party stopped -- we exchanged insurance info, I got a police report, filed a claim, receiving $1000 [[the max allowable in Michigan). The other party readily admitted to hitting me and the check was cut less than three weeks for me to repair my car.