What is the Mini Tort?
Michigan no-fault laws do not require collision coverage. That’s where the limited liability for property damage or mini-tort arrangement comes into play. Limited liability for property damage, known as the mini-tort exception, allows Michigan accident victims to recover up to $500 of the costs to repair their vehicles under certain circumstances. The purpose is to compensate a person involved in a car accident who was not at fault for out-of-pocket expenses resulting from the collision. Michigan’s mini tort law is based on the fact that people are free to purchase their own collision coverage. If a person has existing collision coverage, the full costs of repairing the vehicle from the accident will be paid under that policy. However, even if someone has collision coverage, you can still file a mini-tort claim for incidental out-of-pocket expenses, such as a deductible. There are varying degrees of collision insurance, but generally speaking it covers the cost of repairs to the driver’s own vehicle.
How do you score and what can you collect?
If you have no collision coverage on your car, or your coverage is limited, and you are less than 50 percent at fault for the accident, you may be able to recover part of your out-of-pocket costs to repair your car through mini-tort . The amount you can recover depends on the amount of fault you have. For example, let’s say the damage to your car totals $100 and the other driver is considered 75 percent at fault for the accident. Then he or she would pay $75. These cases are normally handled in small claims court, but either party involved in the car accident can request that the case be transferred to a higher jurisdiction.
How do you file a Mini-Tort claim?
To recover the costs of damage to the vehicle, you can write a letter to the insurance company of the person who caused the accident and request the money. Include the police report showing that the person who caused the accident was at fault; A statement sheet from your own insurance company showing your coverage; and budget for vehicle repairs and/or photos including registration. You have three years from the date of the car accident to file a small damage lawsuit or collect on your small damage claim. After three years, your claim will be time-barred and you will not be able to collect your mini tort claim under Michigan law.