How to File a Michigan Mini Tort Claim – Step-by-Step Guide

Michigan’s mini tort law, officially known as Limited Property Damage Liability, is a provision under the state’s no-fault insurance system. It allows drivers to recover up to $3,000 for vehicle damage from the at-fault driver, even if their own insurance doesn’t fully cover the repair costs. Understanding this process can help you recover these costs without unnecessary hassle.

What is a Michigan Mini Tort Claim?

A mini tort claim allows a driver who is less than 50% at fault in an accident to recover up to $3,000 for vehicle damages from the at-fault party. This coverage is meant to cover the cost of repairs not covered by your own insurance. Here’s what you need to know:

• Maximum Recovery Limit: $3,000
• Eligibility: The other driver must be at least 50% at fault
• Court Venue: Small claims or municipal court, unless moved to a higher court (with potential extra costs)
• Uninsured Drivers: Cannot recover damages through the mini tort provision

When Can You File a Mini Tort Claim?

You can file a mini tort claim if:

• The other driver is found at least 50% at fault.
• Your vehicle has suffered damage not fully covered by your own insurance.
• You have limited property damage liability (optional coverage) on your auto policy.

Important Note: Uninsured drivers in Michigan are not eligible to recover damages under the mini tort law, regardless of fault.

Five Steps to File a Michigan Mini Tort Claim

1. Gather the Other Driver’s Information
   • Full name, address, and contact number
   • Vehicle owner’s information if the driver is not the owner
   • Vehicle details: make, model, year, and license plate number
   • Insurance carrier and policy number
   • Take notes and photos of the accident scene, including vehicle positions and damages
2. Obtain a Copy of the Police Report
   • This report is crucial for verifying fault.
   • Order the police report from the appropriate department.
   • If the other driver’s insurance is not listed, you may need to contact them directly.
3. Contact the At-Fault Driver’s Insurance Company
   • Provide your insurance declaration page to verify your deductible.
   • Remember, the maximum payout under Michigan’s mini tort law is $3,000.
   • If the other driver is uninsured, you may need to file a claim in small claims court for the full amount.
4. Get a Repair Estimate
   • Visit a certified body shop for a damage estimate.
   • Submit this estimate to the at-fault driver’s insurance company.
   • The insurer will pay the lesser amount of your deductible or repair costs, up to $3,000.
5. Follow Up on Your Claim
   • Keep track of your claim number and contact information for the insurance adjuster.
   • Follow up regularly to ensure timely processing.

Do You Have Mini Tort Coverage?

Before filing a claim, check if your own insurance policy includes Limited Property Damage Liability. If not, consider adding this coverage to protect yourself in the future. If you need a quote, Get an Auto Quote from a Local Michigan Agent.

Understanding Exceptions to Michigan’s No-Fault Law

Michigan’s no-fault insurance law generally restricts the ability to sue for vehicle damage, but there are exceptions. For a full breakdown of when you can pursue additional compensation, check out this resource: Michigan Exceptions to the No-Fault Law.

Final Thoughts – Protect Your Financial Health

Filing a mini tort claim can help recover out-of-pocket expenses after an accident, but having the right coverage in place can prevent financial stress. Talk to your insurance agent about adding Limited Property Damage Liability to your policy for added peace of mind.