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Filing your Mini Tort claim in small claims court

What Michigan drivers must do when small claims court is their last resort for their Mini Tort claim

filing mini tort claimMost people do not want to go to court. But sometimes it’s a necessary last resort.

That’s especially true when a person’s car or truck has been damaged in an accident and the at-fault driver and his auto insurance company refuse to do the right thing. Luckily, most people can recover a mini tort without having to hire a lawyer or pay expensive legal fees. Here’s how:

Under Michigan’s Mini Tort law, a person whose car or truck was damaged in an accident can recover up to $1,000 from the at-fault driver to use for paying the vehicle damage repair costs.

Normally, this is a relatively uncomplicated process: The owner of the damaged vehicle makes her Mini Tort claim with the at-fault driver and his insurer. Then, based on the accident report and the damage repair estimate, the at-fault driver’s insurer pays on the Mini Tort claim.

Here’s a form you can use to help you recover your mini tort, and a great podcast by Jeff Bussell and Mike Shaffer on everything you need to know to collect your mini tort.

What happens when things don’t go as planned?

Sometimes the at-fault driver and/or his auto insurer contest whether the other driver was truly at fault. Other times, the at-fault driver and/or his auto insurer will fight the Mini Tort claim just for the sake of fighting it – hoping that if they make the Mini Tort claim process difficult enough, it will discourage the owner of the damaged vehicle from pursuing it.

In those situations, the owner of the damaged car or truck  can bring her claim for  Mini Tort by suing in small claims court.

For car or truck accident victims who find themselves headed to small claims court, I have compiled the following list about filing your claim:

  1. Where to file
  2. When to file
  3. What to File
  4. Service on the Defendant
  5. Filing fees

1. Where to file

The Michigan No-Fault Law requires that Mini Tort lawsuits be filed in the small claims division of the district court. (MCL 500.3135(4)(c))

Generally, that means a Mini Tort/small claims lawsuit must be filed in the district court of the county in which the accident occurred or in the district court of the county where the defendant “is established or resides or is employed.” (MCL 600.8415(1))

If there is more than one defendant, the Mini Tort/small claims lawsuit must be filed “in the county in which any defendant is established or resides or is employed.” (MCL 600.8415(1))

For example, if the driver who caused the accident is not the owner of the car he was driving at the time of the accident, then there may be two defendants, i.e., the driver and the owner. (See MCL 257.401(1): “The owner of a motor vehicle is liable for an injury [to property] caused by the negligent operation of the motor vehicle …”)

2. When to file

A Mini Tort lawsuit must be filed within three years of the car or truck accident that caused the vehicle damage for which the Mini Tort recovery is being sought. (MCL 600.5805(10))

3. What to file

To start a Mini Tort lawsuit in small claims, a person must file an “Affidavit and Claim” form with the clerk or deputy clerk of the District Court. (MCL 600.8402(1); MCR Rule 4.302(A))

Here’s a link to the “Affidavit and Claim” form on the Michigan State Court Administrative Office’s (SCAO) website.

In completing the form, a person must: identify herself as the plaintiff; identify the defendant or defendants; state the date on which the accident occurred; state the amount of money damages being sought for the accident-related Mini Tort claim; and, state how the accident occurred and why the defendant (or defendants) is at fault. (MCR Rule 4.302(A))

The original “Affidavit and Claim” form must be filed with the clerk. Additionally, one copy per defendant must also be provided to the clerk. (MCL 600.8402(1)) A plaintiff may also wish to have extra copies file-stamped for her own records.

4. Service on the defendant

Once a person has filed the “Affidavit and Claim” with the clerk, the clerk will see to it that a copy of the affidavit is served on the defendant along with a notice directing the defendant to appear for a hearing. (MCL 600.8404(1); MCR 4.303)

Service of the affidavit on the defendant is generally done by certified mail with return receipt requested or personal service. (MCL 600.8405)

5. Filing fees

The fee for filing a Mini Tort/small claims lawsuit is between $25 and $45. Plus, the person filing the lawsuit is responsible for the costs associated with serving the affidavit and notice to appear on the defendant. (MCL 600.8420(1)(2) and (6))

However, if the person wins her Mini Tort lawsuit, then the filing fees and costs may be included with damages in the final judgment. (MCL 600.8421)

Next week, I will write about litigating your mini tort claim in small claims court. Stay tuned.

Related information:

How does Michigan’s Mini Tort Law work?

Michigan Mini Tort changes take effect today, Oct. 1st, 2012

 

Posted in: BLOG, Michigan No Fault Benefits, Michigan No Fault Insurance, Michigan No Fault Law and tagged , .

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