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Home › News › Michigan Mini-Tort Claims: How to Recover Up to $3,000 After a Car Accident

Michigan Mini-Tort Claims: How to Recover Up to $3,000 After a Car Accident

By AutoInsuranceBundle.pro · Published

Short answer: Michigan's mini-tort lets you recover up to $3,000 in vehicle damage not covered by insurance from a driver who was more at fault than you. If you have collision coverage, that usually means getting your deductible back. Without collision, you may recover up to the full $3,000. Claims generally start in small claims or municipal court.

Michigan's no-fault system works differently from most states. After a crash, your own insurer generally handles your injuries, and damage to your own car is paid by your own collision coverage if you have it. That leaves many drivers with an annoying gap: the deductible or the repair bill they paid themselves, even though the other driver caused the crash. Michigan's answer is a small, specific claim known as mini-tort.

The short video below covers the basics in about half a minute. It uses licensed stock footage of roads, repairs and paperwork, not footage of any real crash or repair. The full guide follows.

Video: Michigan mini-tort: get your deductible back (31 sec). Licensed stock footage; illustrative only, not footage of a real crash or real people involved in one.
Video transcript

Crashed in Michigan and stuck paying the repair deductible? Michigan's mini-tort lets you recover up to $3,000 in car damage not covered by insurance from the at-fault driver. You can't recover if you were more than half at fault, and claims start in small claims court. If you carry collision coverage, mini-tort usually gets back just your deductible. Keep the repair bill and police report. Compare free quotes at autoinsurancebundle.pro.

What mini-tort is

Mini-tort is a limited right to sue the at-fault driver for damage to your vehicle. It comes from MCL 500.3135, part of Michigan's no-fault law. For crashes after July 1, 2020, the statute allows recovery of up to $3,000 in damages to a motor vehicle, to the extent the damage is not covered by insurance.

The Michigan Department of Insurance and Financial Services (DIFS) puts it simply: if you are 50% or more at fault, you can be sued for up to $3,000 in damage you caused to the other vehicle that is not otherwise covered by insurance.

How your own coverage changes the claim

What you can recover depends on what your insurance already paid.

Your coverageWhat mini-tort can recoverExample
Collision with a deductibleUsually just your deductible$500 deductible on a $4,000 repair: claim $500
No collision coverageYour uncovered damage, up to $3,000$2,200 repair paid yourself: claim $2,200
No collision, large repairCapped at $3,000$6,000 repair paid yourself: claim $3,000

DIFS confirms that drivers with collision coverage can only recover their deductible through mini-tort, while those without collision may recover the full $3,000. The examples above are illustrations, not typical amounts.

Who can make a mini-tort claim

Several conditions apply under the statute and DIFS guidance:

  • Fault. You cannot recover if you were more than 50% at fault. Damages are reduced in proportion to your own share of fault.
  • Your car must be insured. The statute does not allow recovery for damage to a vehicle that was not insured as Michigan law requires.
  • Vehicle damage only. Mini-tort is about damage to your car, not injuries. Injury claims follow separate no-fault rules.
  • Michigan crashes. The rule is part of Michigan law. State rules vary elsewhere, and crashes in other states follow those states' systems.

Where the claim is filed

The DIFS "What Is Mini-Tort?" fact sheet explains that a mini-tort lawsuit should begin in small claims court or a municipal court. Either party may have the case moved to a higher court, and the party who moves it may be required to pay court costs if they do not win.

Before filing, many drivers simply send the at-fault driver, or that driver's insurer, a written demand with the repair invoice and police report. Many insurers sell an optional coverage called limited property damage liability, which pays mini-tort claims on behalf of their policyholder. If the other driver carries it, their insurer may pay without a court case. Call (888) 217-5854 for free quotes.

Step-by-step mini-tort checklist

  1. Get the police report. It often records which driver was cited and gives you the other driver's details.
  2. Keep your repair paperwork. The invoice, photos and your insurer's payment letter showing the deductible.
  3. Ask the other driver's insurer whether they carry limited property damage liability and send a demand letter with your documents.
  4. Set a reply deadline. A reasonable date in writing, such as a few weeks.
  5. File in small claims court if there is no payment. Your local district court can explain forms and filing fees.
  6. Bring evidence to the hearing. Police report, photos, repair invoice and proof of your insurance.

Protecting yourself from a mini-tort claim

Mini-tort works both ways. If you cause a crash, the other driver can come after you for up to $3,000. Limited property damage liability coverage is optional in Michigan, but DIFS notes that it protects you from amounts you become responsible for through mini-tort. Prices vary by insurer, so ask for the exact cost when you compare quotes.

FAQ

How much can I recover with a Michigan mini-tort claim?

Up to $3,000 for crashes after July 1, 2020, limited to vehicle damage not covered by insurance. With collision coverage, that usually means your deductible.

Can I file a mini-tort claim if I was partly at fault?

Yes, if you were not more than 50% at fault. Your recovery is reduced by your share of fault.

Where do I file a mini-tort claim?

According to DIFS, a mini-tort lawsuit should begin in small claims court or a municipal court. Either party can ask to move it to a higher court.

What if the at-fault driver has no mini-tort coverage?

You can still sue the driver personally. Limited property damage liability coverage is optional, so some drivers will have to pay a judgment themselves.

Can I use mini-tort if my car was uninsured?

No. Michigan's statute does not allow recovery for damage to a vehicle that was not insured as required by state law.

Questions about your coverage? Call a licensed agent at (888) 217-5854 to compare free quotes.

Important: This article is general information, not legal, tax, or insurance advice, and coverage rules vary by state, insurer, and policy. AutoInsuranceBundle.pro is a free, independent insurance comparison and referral service. We are not an insurance company, we do not issue policies, and we do not provide insurance advice. Calls to the number on this site are routed to licensed insurance agents or agencies in our partner network, who may receive compensation. Calling is completely voluntary and there is no obligation to buy. Rates, discounts, and availability vary by carrier, state, and individual eligibility; not all carriers, products, or discounts are available in all states. Calls may be recorded for quality and compliance purposes.

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