Michigan Mini Tort Claim process

Michigan mini tort

Michigan Mini Tort Steps to File a Claim

Michigan mini-tort also called  (Limited property damage liability) is a provision of Michigan’s no-fault law.

Under this provision, if you are 50% or more at fault in a Michigan insurance accident, and damages to the other driver’s car are not completely covered by the other driver’s insurance, you may be sued and may have to pay up to $1000 in damages.  This also means that you may sue the other driver for damages to your car which are not covered by your insurance if the other driver is 50% or more at fault.

A lawsuit made under the mini tort provision is filed in small claims or municipal court.  Either party can ask to have the case moved to a higher court, but the person who has the case moved will be responsible for the additional court costs, and the judgment will not be higher than what would have been paid out in the lower court.

Damages will be awarded based on the amount or percentage at fault.  For example, if the damage is $1000 and the other party is 60% at fault he or she will have to pay $600 to the other driver.  Insurance companies will usually provide coverage for “mini-tort” as an optional coverage called limited property damage liability, or the other party can elect to pay out of pocket.

Filing a Michigan mini tort claim is a simple process, you will need three things to make a claim.

First step in the Michigan mini tort claim process

Get a copy of the police report. The other insurance company will want a copy to verify who was at fault and (in Michigan) the insurance information from the other party will be listed on the police report. This is an essential step because this is where you find out who the other party is insured with, once you locate this information you will need to look up the claim phone number of the other company to start the claim process.

a) if the other insurance company is not listed then you will need to contact the other party to either verify their insurance information or

b) take them to small claims court.  If the other party was driving without insurance ,then they will be liable for the full amount of damages to your car.

Second step in the Michigan mini tort claim process

Locate the other insurance company to give them a copy of your declarations page to show them your coverages (they will need to verify what your deductible is). The insurance company will pay the lesser of your deductible or damages not to exceed the $1000 max.

The third step in the Michigan mini tort claim process

Get an estimate from a body shop; you have to prove to the insurance company that you have damages. If the damages are less than your deductible, the insurance company will pay the lesser amount.

Final step in Michigan mini tort process (follow-up)

Once these steps are completed, you will have successfully filed a Michigan mini tort insurance claim, but the process is not over. The other insurance company will have to verify the information that was given to them, so make sure that you record the claim number and a contact number so that you can follow-up with their claim office if the mini tort claim is not paid promptly.

If your agent has not provided you with the coverage’s to protect against mini tort, click the link to be connected to a local Michigan agent to get a quote.

Visit our Michigan Insurance post: When Michigan No-fault does not apply for more information on when in Michigan you can sue the other at fault party for vehicle property damage.