Michigan Mini-Tort Law | Recover Up to $3,000 for Car Repairs

Even in a minor car accident vehicle repairs can be expensive. Michigan’s mini-tort law allows drivers to recover up to $3,000 for out-of-pocket vehicle damage caused by a negligent driver. However, not everyone qualifies, and insurance coverage plays a key role in determining if you can file a claim.

If you were not at fault for the crash and your car was damaged, you may be able to file a mini-tort claim against the at-fault driver. This guide explains who qualifies, how to file, and what to do if the other driver refuses to pay.

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What Is Michigan’s Mini-Tort Law?

Vehicle damage is not covered under no-fault insurance or PIP benefits. Michigan’s mini-tort law is designed to help drivers recover out-of-pocket vehicle repair costs when another driver is at fault for an accident. Under this law, you can claim up to $3,000 from the at-fault driver for vehicle damage not covered by your own insurance. The mini-tort claim is useful when:

You only have PLPD insurance (no collision coverage) and must pay for repairs yourself.
You have collision coverage but still owe a deductible after your insurer pays for the damage.

However, mini-tort does not cover full vehicle repairs, rental car costs, or other losses. It strictly applies to out-of-pocket repair expenses when another driver is at least 50% at fault.

Who Qualifies for a Mini-Tort Claim?

Not every driver can file a mini-tort claim in Michigan. To qualify, you must meet specific legal requirements. Below is a breakdown of who is eligible and the key factors that determine your ability to recover up to $3,000 for vehicle damage.

🚗 Eligibility Factor	✅ Qualifies for a Mini-Tort Claim?	🔍 Key Details
You were less than 50% at fault for the accident	✅ Yes	The at-fault driver’s insurance must pay if they caused the crash.
You have only PLPD insurance (no collision coverage)	✅ Yes	You can recover up to $3,000 for out-of-pocket vehicle repair costs.
You have collision coverage but must pay a deductible	✅ Yes	You can claim up to $3,000 to cover your deductible.
The at-fault driver is uninsured	✅ Yes (but must sue personally)	If the at-fault driver lacks insurance, you must seek payment directly from them.
You were more than 50% at fault for the crash	❌ No	Mini-tort only applies if another driver was primarily responsible.
Your damage exceeds $3,000	❌ No (partial recovery)	The mini-tort claim is capped at $3,000—anything beyond this must be paid out-of-pocket or through other legal action.
Your vehicle damage was caused by an act of nature (e.g., storm, tree, deer)	❌ No	Mini-tort applies only to accidents involving another driver.

Even if you qualify, insurance companies may deny or delay payments. If you have difficulty recovering your mini-tort compensation, an experienced Michigan car accident lawyer can help you take legal action.

How to File a Mini-Tort Claim in Michigan

Filing a mini-tort claim allows you to recover up to $3,000 for vehicle damage caused by another driver. While the process is designed to be simple, insurance companies may still push back, and at-fault drivers sometimes refuse to pay. Following these steps can help ensure a smooth claim process and maximize your chances of getting reimbursed.

Gather Evidence – Obtain the police report, take photos of the damage, and get a written repair estimate.
Request Payment – Contact the at-fault driver’s insurance company to submit your claim.
Send a Demand Letter – If the driver is uninsured or refuses to pay, send a written request for payment within 30 days.
File in Small Claims Court – If payment is denied, you may need to file a lawsuit in Michigan district court.
Attend Your Hearing – Present your evidence, and if successful, the court will order the at-fault driver to pay.

While most mini-tort claims can be handled without a lawyer, complications can arise….especially if the insurance company disputes fault or denies payment. Legal guidance can help you recover the compensation you are owed.

What If the At-Fault Driver Refuses to Pay?

Not all drivers willingly pay a mini-tort claim, especially if they don’t have insurance or dispute fault. If the at-fault driver refuses to compensate you for vehicle damage, you still have options to recover your money.

Situation	🔎 Your Options
📭 The driver ignores your request	Send a formal demand letter requesting payment within 30 days.
❌ The driver denies fault	Gather additional evidence (police report, witness statements, repair estimates) to prove liability.
🚗 The driver is uninsured	File a small claims lawsuit in Michigan district court.
🏢 The insurance company refuses to pay	Request a written explanation and consider legal action if necessary.
⚖️ The driver still won’t pay after court ruling	Use court-ordered options like wage garnishment or bank liens to enforce payment.

If the at-fault driver ignores court orders or disputes your claim, seeking legal guidance can help enforce payment and protect your rights.

Common Mini-Tort Claim Mistakes & How to Avoid Them

Filing a mini-tort claim seems simple, but small mistakes can lead to delays, denials, or receiving less than what you’re owed. Avoid these common errors to ensure a smooth process:

Missing the Deadline – You have three years from the accident date to file. Waiting too long can result in losing your right to recover damages.
Not Proving Fault – The at-fault driver must be at least 50% responsible for the crash. A police report or witness statements help prove liability.
Failing to Get Repair Estimates – Insurance companies and courts require written repair estimates from a licensed mechanic or body shop.
Accepting Partial Payments Without a Full Settlement – If the at-fault driver offers a lower amount, make sure it’s a full and final settlement before accepting.
Not Sending a Demand Letter First – Before filing a small claims lawsuit, send a formal written request for payment to the at-fault driver or their insurance company.

Being prepared and following the proper steps can help you avoid unnecessary delays and get the compensation you deserve.

Frequently Asked Questions About Mini-Tort Claims in Michigan

Can I file a mini-tort claim if I have full coverage?

No. If you have collision coverage, your insurance pays for your vehicle repairs. The mini-tort claim is meant to help drivers without full coverage recover up to $3,000 in out-of-pocket repair costs.

What if the other driver doesn’t have insurance?

You can still file a mini-tort claim against the at-fault driver personally. However, if they don’t pay voluntarily, you may need to take them to small claims court to recover your damages.

How long do I have to file a mini-tort claim?

You have three years from the accident date to file. If you wait too long, you may lose your right to recover compensation.

Can I recover more than $3,000 through a mini-tort claim?

No. Michigan’s mini-tort law limits recovery to $3,000 for vehicle damage. If your costs exceed this amount, you may need to rely on collision coverage or take additional legal action.

Do I need a lawyer to file a mini-tort claim?

Not necessarily. Most mini-tort claims can be handled by gathering evidence, submitting a demand letter, and negotiating with the at-fault driver’s insurer. However, if your claim is denied or ignored, a lawyer can help you take legal action if needed.

Contact a Michigan Car Accident Lawyer for Help with Your Mini-Tort Claim

Filing a mini-tort claim should be simple, but insurance companies and at-fault drivers don’t always cooperate. If your claim is denied, the other driver refuses to pay, or you’re unsure how to proceed, we can help. At The Clark Law Office, we’ve helped countless Michigan drivers recover mini-tort compensation. We know how to deal with insurance disputes, negotiate fair settlements, and take legal action when necessary. Call us today for a free consultation and let us guide you through the process.

Explore how mini-tort claims fit into the broader insurance picture in our insurance and no-fault guide.

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