When it comes to deductibles, what makes the difference is the ‘at fault’ percentage. The law states in Mich. that if it is less than 50% or more than 50% ‘at fault’ determines whether you pay or not.
If you are more than 50% ‘at fault’ you pay your deductible with both standard and broad form collision. If both parties are 50-50% ‘at fault’, both parties will pay their deductibles.
Less that 50% at fault with broad form collision waves your deductible, but less than 50% ‘at fault’ with standard collision you will still have to pay. However, you are allowed to receive a mini-tort of up to $1,000 to cover your deductible. The other insurance company is required by law to pay. If the ‘at fault’ party does not have insurance, you will win in a small claims court by suing the other party.
If you don’t know who the ‘at fault’ party is, you will be responsible for you deductible with standard collision.
It’s always good to know the facts when dealing with insurance companies. All customers at Keena’s Inc. have access to our in-house licensed insurance adjusters to answer any of their questions and to help them confidently file a claim. Visit keenas.com for more information.
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