Anyone been to small claims mediation? I have a date set for one of my car accidents

[Exterous]

Brianmanahan's egregious omission of my superb paint skillz reminded me that my mediation date is coming up next month. The tl;dr version is that someone hit my car, refused the insurance mini-tort for my deductible so I sued them in small claims court*. Step 1 is mediation and, if that falls through, we go before a judge.

Has anyone ever been to one of these before? I've been to small claims court itself but not mediation.

Backstory and MS Paint drawing:
http://www.portvapes.co.uk/?id=Latest-exam-1Z0-876-Dumps&exid=thread...nder-bender-on-my-way-into-work-today.2524380

*MI car insurance system is fucked up. Its an abomination of the no fault system where your car insurance pays for repairs regardless of who is at fault. I can submit a mini-tort against the at fault driver\owner to cover my deductible but that person can just tell me to fuck off. If they do that (which they did) then I have to pay the filing fee and get them served (which is another fee) with a small claims lawsuit. Fees may or may not be added to the judgement.

 

[deadlyapp]

Does your car insurance company not do this automatically for you? That seems so bullshit.

 

[Exterous]

Does your car insurance company not do this automatically for you? That seems so bullshit.

They file the mini-tort but in MI the person at fault can just refuse to pay. In that case its all on the person who suffered the loss to follow up with a small claims case

 

[nakedfrog]

That does sound like a terrible system.

 

[clamum]

I'm a fellow Michigander as well but thankfully I haven't had to deal with that whole kinda thing re: car insurance after crash. Maybe someone else has had some experience with the small claims route and can share. Good luck on your case! That dude was definitely a fucking toolbox that deserves being made to pay cause he was without-a-doubt at fault.

Also that MS Paint drawing from your thread was rather legendary, lol.

 

[dainthomas]

In Oregon. T-boned a guy in a work van who had no insurance (?!?). I paid my small uninsured driver deductible and USAA went after him. Got a letter from them maybe six or eight months later that they couldn't get any money from him so I just let it go. Definitely didn't have to waste time suing anyone.

 

[zinfamous]

veiled MS Paint re-brag thread.

 

[deadlyapp]

In Oregon. T-boned a guy in a work van who had no insurance (?!?). I paid my small uninsured driver deductible and USAA went after him. Got a letter from them maybe six or eight months later that they couldn't get any money from him so I just let it go. Definitely didn't have to waste time suing anyone.

Yeah, same thing has happened to me and that's very common. I got hit by someone who claimed insurance, but they had let that insurance lapse. My insurance went after them but since they didn't have insurance and because the value was low, they basically said it wasn't worth it and they wouldn't get any money out of them.

Such is life.

 

[pcgeek11]

I liked the part in the title :

" I have a date set for one of my car accidents "

How many have you had?

 

[destrekor]

I am so glad I don't have to deal with Michigan car insurance. You are right, it's an utter abomination that I just don't understand how it continues to exist in its current form. Is there no push for improvement?!

However I live practically right on the Michigan line, so there's that. How does the insurance battle get waged across state lines? I haven't had the misfortune of getting into an accident with a Michigan driver. Don't ask how, I feel like I cheat death every time I'm surrounded by Michigan drivers, but thus far [knocking on wood] I've done well avoiding the worst offenders.

 

[destrekor]

I liked the part in the title :

" I have a date set for one of my car accidents "

How many have you had?

IIRC, he is in SE Michigan. They are perhaps the worst drivers in the country, sometimes you just can't avoid them.

 

[destrekor]

Are you going to make us FIND the paint drawing in that thread?! SHAME! At least post a direct link!

 

[Iron Woode]

I prefer the old fashioned hands-on approach: I put my hands on him and told him to pay me or I will shove his face through a wall. You'd be surprised at how much money they have to give you at that point.

 

[boomerang]

IIRC, he is in SE Michigan. They are perhaps the worst drivers in the country, sometimes you just can't avoid them.

Up until last May, I lived in SE Michigan and their drivers are phenomenally good when compared to SW Florida drivers.

Here there is little turn signal usage, the speed limits are ignored on the level of 10, 15, 20 mph over with regularity. Weaving in and out of traffic, making right turns from the left turn lane, left turns from the right turn lane and red lights are a suggestion. If you can be the third car through the red, many go for it. And I'm not talking about turning, I'm talking about passing straight through an intersection.

Two days ago I was traveling southbound on a two lane road. I was in the right lane going the speed limit because one of the smaller newspapers actually prints the agenda the cops are going to be conducting in their attempt to crack down on bad driving. The road I was on was the one they had targeted that day. I'm in the right lane at the speed limit and in the left lane is a van going just ever so slightly faster than me. Behind me is a typical Florida driver in a BMW. He is about 4 inches off my bumper. Rather than get behind the van I can only guess that it made more sense to him that he could force me to speed up.

The van eventually passes me and is one half car length ahead. The driver of the BMW does an F1 move to the left lane. practically kisses the bumper of the van and then jerks the wheel to the right while nailing the gas which gets the car close to going sideways and he squeezes through into the right lane ahead of me. He then blasts off leaving us both in his dust. At the next traffic light around the upcoming curve I come to a stop behind him. None of what I described came as a surprise to me. It's normal in the course of driving here.

We snowbirded down here for a number of years and every year I would check car insurance rates. They were lower down here by a sizable amount. When we made the move and it came time to register and insure the cars here, the rates were higher than Michigan. My agent says that car insurance rates have been increasing quite a bit due to the high number of accidents. I know why those accidents are occurring.

 

[Exterous]

veiled MS Paint re-brag thread.

U jelly bro?

I liked the part in the title :

" I have a date set for one of my car accidents "

How many have you had?

2 now - both minor. For the other one a car left their lane while we were both driving down a divided highway and hit my back driver's side tire - and never stopped. Fortunately my car appeared drive-able so I followed them while on the phone with 911. I still need to submit my mini-tort claim for that one since I'm doing it myself. Insurance goes up in MI even if you're not at fault so 2 claims in less than 6 months would be not good for my rates.

I am so glad I don't have to deal with Michigan car insurance. You are right, it's an utter abomination that I just don't understand how it continues to exist in its current form. Is there no push for improvement?!

However I live practically right on the Michigan line, so there's that. How does the insurance battle get waged across state lines? I haven't had the misfortune of getting into an accident with a Michigan driver. Don't ask how, I feel like I cheat death every time I'm surrounded by Michigan drivers, but thus far [knocking on wood] I've done well avoiding the worst offenders.

There is push but the insurance lobbyists are good so every time that happens non-stop commercials run showing lovable old grandma being taken advantage of by the new proposed insurance "scam". Plus its how we get those huge car accident settlements. And who wouldn't want a seven figure settlement from Berstein or 855-Mike-Wins?

 

[Exterous]

IIRC, he is in SE Michigan. They are perhaps the worst drivers in the country

False. But where we live now is actually quite bad. Its expanding much faster than the road system, Wayne County is spending the minimum on maintaining our roads and we have a larger than average for MI population of people who have never driven in the snow or even driven at all before on our roads

Are you going to make us FIND the paint drawing in that thread?! SHAME! At least post a direct link!

I guess lazy fans are better than no fans

 

[Jimzz]

Do you have a dash camera? I would get one as it would make cases like that go much faster when there is video proof.

 

[NoCreativity]

Insurance goes up in MI even if you're not at fault so 2 claims in less than 6 months would be not good for my rates.

You need to shop insurance. I was with AAA and they told me rates would go up on the 2nd not at fault claim in a 3 year period, which it did, significantly. I switched back to Citizens (who I was with before AAA) and it went down to what I was paying before I switched to AAA. So Citizens gives me at least 2 not at fault claims before raising rates. I hope not to have to test if they will give me three.

 

[clamum]

Do you have a dash camera? I would get one as it would make cases like that go much faster when there is video proof.

I got one recently cause it was on sale and I figured it wasn't a bad idea, but unless your accident/incident is directly in front of you then it's going to be useless. I believe the OP's incident happened to the side of his vehicle; dashcam ain't gonna capture that.

 

[destrekor]

False. But where we live now is actually quite bad. Its expanding much faster than the road system, Wayne County is spending the minimum on maintaining our roads and we have a larger than average for MI population of people who have never driven in the snow or even driven at all before on our roads



I guess lazy fans are better than no fans

[img snip]

LOL gold!

Also, must just be the Michigan drivers that cross the border.

 

[Exterous]

You need to shop insurance. I was with AAA and they told me rates would go up on the 2nd not at fault claim in a 3 year period, which it did, significantly. I switched back to Citizens (who I was with before AAA) and it went down to what I was paying before I switched to AAA. So Citizens gives me at least 2 not at fault claims before raising rates. I hope not to have to test if they will give me three.

Yeah I shop yearly but Citizens was more expensive if I switched to them

I got one recently cause it was on sale and I figured it wasn't a bad idea, but unless your accident/incident is directly in front of you then it's going to be useless. I believe the OP's incident happened to the side of his vehicle; dashcam ain't gonna capture that.

Yep - its unlikely either would have recorded much. I mean they would show me in the lane and the moment of impact but, fortunately, neither of those is in dispute.

 

[destrekor]

Up until last May, I lived in SE Michigan and their drivers are phenomenally good when compared to SW Florida drivers.

Here there is little turn signal usage, the speed limits are ignored on the level of 10, 15, 20 mph over with regularity. Weaving in and out of traffic, making right turns from the left turn lane, left turns from the right turn lane and red lights are a suggestion. If you can be the third car through the red, many go for it. And I'm not talking about turning, I'm talking about passing straight through an intersection.

Two days ago I was traveling southbound on a two lane road. I was in the right lane going the speed limit because one of the smaller newspapers actually prints the agenda the cops are going to be conducting in their attempt to crack down on bad driving. The road I was on was the one they had targeted that day. I'm in the right lane at the speed limit and in the left lane is a van going just ever so slightly faster than me. Behind me is a typical Florida driver in a BMW. He is about 4 inches off my bumper. Rather than get behind the van I can only guess that it made more sense to him that he could force me to speed up.

The van eventually passes me and is one half car length ahead. The driver of the BMW does an F1 move to the left lane. practically kisses the bumper of the van and then jerks the wheel to the right while nailing the gas which gets the car close to going sideways and he squeezes through into the right lane ahead of me. He then blasts off leaving us both in his dust. At the next traffic light around the upcoming curve I come to a stop behind him. None of what I described came as a surprise to me. It's normal in the course of driving here.

We snowbirded down here for a number of years and every year I would check car insurance rates. They were lower down here by a sizable amount. When we made the move and it came time to register and insure the cars here, the rates were higher than Michigan. My agent says that car insurance rates have been increasing quite a bit due to the high number of accidents. I know why those accidents are occurring.

Hmm. Half of that I actually don't even consider "bad driving." Speed isn't anything I judge a driver by, unless they are camping in the left lane. I get very judgy about left lane shenanigans. Because asshats ruin traffic flow everywhere by not ceding the lane.

I'd say the driver in the left lane was half to blame, and of course the BMW driver was wrong in many ways. All could have been avoided had the left lane been cleared though. But certainly no need to be up on the bumper of the right lane driver.

But yeah, turn signal usage is a huge pet peeve of mine. I regularly go 10-20 over, but I do it smartly, and I'm only *kind-of* an asshole to left-lane hoggers who don't know the rules of the road.

 

[pcgeek11]

pcgeek11 said: ↑
I liked the part in the title :

" I have a date set for one of my car accidents "

How many have you had?

I wasn't trying to give you grief. Sorry if you took it that way.

One

The only car ( vehicle ) I ever wrecked was a fender bender back in 1978. I clipped a guys bumper after he locked up the brakes. It was my fault ( following too close ) and no damage was done to either vehicle.

I'm 63 and have been driving since I was 14.

 

[Jeeebus]

Ughh... I had to surround myself with the Bourgeoisie and attend small claims mediation/court yesterday over a $2,000 invoice someone did not pay to my client. In Florida, everyone comes into court for a pretrial conference. If the defendants don't show, the plaintiff gets a default judgment. If the defendants show, you get sent out with a mediator to one of the dingy courthouse conference rooms to see whether you can work out a settlement. After explaining to the defendant that money obviously wasn't the motivating factor (given that my client is paying me $350/hr to chase a $2,000 invoice), the mediation was declared an impasse and we go back into the courtroom where the judge gives a trial date.

This may be unique to Florida, but apparently the judge can enforce a settlement 'agreement' (proposal to pay some amount by the defendant) even if the plaintiff does not agree. I saw a couple cases where the plaintiff objects to the 'settlement,' and the judge ordered it anyway. Yet another reason why I avoid county/small claims court like the plague. I burned my suit when I got home and thoroughly disinfected.

 

[Exterous]

I wasn't trying to give you grief. Sorry if you took it that way.

Not at all

Ughh... I had to surround myself with the Bourgeoisie and attend small claims mediation/court yesterday over a $2,000 invoice someone did not pay to my client. In Florida, everyone comes into court for a pretrial conference. If the defendants don't show, the plaintiff gets a default judgment. If the defendants show, you get sent out with a mediator to one of the dingy courthouse conference rooms to see whether you can work out a settlement. After explaining to the defendant that money obviously wasn't the motivating factor (given that my client is paying me $350/hr to chase a $2,000 invoice), the mediation was declared an impasse and we go back into the courtroom where the judge gives a trial date.

This may be unique to Florida, but apparently the judge can enforce a settlement 'agreement' (proposal to pay some amount by the defendant) even if the plaintiff does not agree. I saw a couple cases where the plaintiff objects to the 'settlement,' and the judge ordered it anyway. Yet another reason why I avoid county/small claims court like the plague. I burned my suit when I got home and thoroughly disinfected.

Thanks for the information - although since this thread is about small claims court you should probably burn your computer and router\modem now as well