Auto Insurance Claims: accident fault/mini tort claim, rear quarter panel, tort claim

Question
Hi,
    My daughter was hit in the rear fender when entering the left turn lane on a busy road.  She applied her signal,  checked her mirror, and turned her head to look behind her.  She made the lane change after  verifying that the lane was clear.  As she enter the turn lane she was struck by another vehicle.  She was in the intersection at this point and completed her left turn.  She looked for the other driver who drove away.  She also drove away, when she did not see the other driver.  I told her to report this accident to the police as it was a hit and run.  She did report it the next morning.  The other party reported it the same day and stated that she hit them. There is damage to my rear quarter panel and bumper.  The vehicle is 10 years old and I have basic coverage.  We live in Michigan.
    Who is at fault for this accident?  She is facing legal consequences for not reporting the accident appropriately, which is fair. The other driver has filed a "mini-tort" claim against me/my insurer.  Since she was hit in the rear panel and bumper, it seems the other driver was at fault.  Is this something I can fight?   I should not have to take the additional hit from the insurance company over a driver who hit my daughter.  I appreciate any insight or advice you might provide.  Thank you very much.  Jennifer

Answer
Hi Jennifer,

To the best of my understanding, Michigan is the only true No-Fault state in the country. This means that each party goes to their own insurance for their damage. If the other party tries to state that your daughter was at fault then yes you need to fight it. Considering that they hit your daughter in the rear, then ran and now are trying to place a claim against tyour daughter sounds like a scam that was intended from the start. You need to be sure to tell all of this to your insurance company and have your daughter insist that she was not at fault.

In the end it will be up to the insurance company to decide what to do.

I hope this helps
Richard Hixenbaugh