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Thread: Re: Parked Cars Hit by a County Truck

  1. #1

    Re: Parked Cars Hit by a County Truck

    My question involves insurance law for the state of: Michigan I live on a dirt road which the county grades, I have 2 vehicles parked on the road on opposite sides of the road each kiddie corner from each other to allow enough room for vehicles to pass. The county truck makes his first pass (there & back ) no problem. Then on the second pass he get close to the vehicle parked on the west side of the road and scrapes the left front fender and catches the edge of the grill and bends it forward, he hesitates because he knows he hit something then continues on. On his third pass after he pass both vehicles and starts to come back he catches the left front tire of the vehicle parked on the east side of the road ( his drivers side of the truck ) he stops backs up and continues. Mind you I have all this on video I stop him and ask for him to call a supervisor which calls the police to make a report. Mind you I didn't now he hit the vehicle parked on the east side until the day after and I watched the video, so I had them (Police & county ) come out again and make another police report. I submit the video and filed the forms to the county to get reimbursed for damages to both vehicles and within 3 weeks I get a letter quoting Michigan No-Fault law 500.3123.1(a) and that the claim is denied. What I don't understand is the part that said " unless the vehicle is parked in a manner as not to cause unreasonable risk of the damage which occurred". What does that mean? And who determines unreasonable risk ? But I also seen this " Under 3121 and 3123(1)(a) of the no-fault act, the insurer of a moving vehicle which collides with a parked vehicle is obligated to pay, without regard to fault, property protection insurance benefits to the owner of the parked vehicle for damage to the vehicle and its contents. Heard v State Farm Mutual Automobile Ins Co, 414 Mich 139, 150; 324 NW2d 1 (1982). What are my options? I have about 00 worth of damage to both vehicles. Small claims court? If I go that route do I sue the driver of the truck for damages? Thank you for reading

  2. #2

    Re: Re: Parked Cars Hit by a County Truck

    Was this a straight roadway? Was is so narrow parking a vehicle made it difficult to get by? Is there an actual parking lane on the road, both sides? If you have coverage with your insurance for this you may be better served by making a claim with them and let them worry about whether the state is liable or not.

  3. #3

    Re: Re: Parked Cars Hit by a County Truck

    What I don't understand is the part that said " unless the vehicle is parked in a manner as not to cause unreasonable risk of the damage which occurred". What does that mean?
    It means you don't get the money if you parked both cars in such a way as to impede other vehicles using that road. The way you describe the position of your vehicles indicates to me that the truck would have had to have zig zagged a bit to navigate the road going past your vehicles which means that your vehicles were an impediment to vehicles that would have been able to drive in a straight line were it not for your vehicles.
    And who determines unreasonable risk ?
    Ultimately a judge if you don't like the decision of the people from whom you want money.


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