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  1. The accident occurred in Michigan. He talked to his insurance company and they stated since he called them at the time of the accident and commented that it appeared both were equally at fault (50/50), his insurance company stated they are obligated to pay 50% of their deductible and that the other party could take him to small claims court for the remaining 50% of their deductible. Based upon the above statement ( and even then, it doesn't actually HAVE TO pay........); should his insurance company wait for a judgement to pay 50% of the deductible OR are they obligated by Michigan law to pay the 50% now without a judgement. He told his insurance company that after actually looking at the damage of both vehicles, it appeared that the other party appeared to "shoot the gap/squeeze" between my husbands car and another (their damage extended from passenger front bumper to the passenger back fender - essentially a long scratch). My husbands car had damage only to driver headlight and minor paint scratch. I am making this statement since it appears that the other party was mainly at fault due to the type and extent df damage. He should be able to make a claim against their insurance, correct.
  2. My husband was involved in a minor accident on his way home from work. He was on a 3 lane highway with heavy traffic, he was in lane 1 and the other car was in lane 3, both cars merged to lane into the middle lane at the same time. His car was hit on the front passenger quarter panel, the other vehicle was on the drivers side from the middle of the car down the side to the trunk. Both parties pulled over and the other party did not want to call the police. Since there was little damage and no way to prove who was at fault my husband was okay with that but they did exchange information. The person driving the other vehicle was not the owner of the car (not sure if that make a difference). The other party is now trying to make a claim with our insurance company, can they do that? With no police report there is no way to prove who is at fault, so why should our insurance company have to pay?
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