Legal Question in Personal Injury in Michigan

I live in Michigan and last fall, I was invalved in a car accident, which was caused by an uninsured driver. I was successful in winning a small claims suit to recover my deductible, however, I have not yet received a cent of the judgment. Simultaniously, my insurance company has sent him to collections to recover the remainder of damages paid by them & my deductible is included in the amount they are trying to recover. If the insurance company is able to recover my deductible, there will be a 25% collections fee taken out of my distribution. My insurance co (Progressive) suggested that I continue to allow them to try to collect my deductible even though I have already won a case against him through small claims court. My question is: If my insurance company is able to collect reimbursement of my deductible before I am able to recover it from him on my own, am I still allowed to collect from him the difference in the amount I was awarded in court vs. what the insurance company pays me? In other words, if the insurance company collects the deductible, is he still liable to repay me the 25% collection fee plus court costs I was awarded, or by doing this, do I forfiet this amount?


Asked on 2/18/11, 8:57 am

1 Answer from Attorneys

Jules Fiani Law Offices of Jules N. Fiani

You ask a great question and it is easier for me to explain the answer to you over the phone, especially since there are further question I must ask to give you the best and most accurate answer. Please call me on my cell phone at any time (I am available 24/7) at 586-457-5501.

Looking forward to hearing from you so I can properly answer this question.

--Jules N. Fiani

Attorney at Law

Office phone: 810-227-7200

Cell phone: 586-457-5501

Email: [email protected]

4920 Chilson Road

Howell, MI 48843

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Answered on 2/25/11, 4:25 pm


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