Michigan Mini Tort Claims

Michigan Mini Tort Claims

My name is attorney Jeffrey Bussell and I head our firm's pre-suit division.  In pre-suit we usually work with first time callers to advise them on the various cases that they have as a result of an auto accident and help them get the benefits that they're entitled to.  One of the most common calls we get is related to the mini tort cases.  A mini tort claim is essentially your collision damage claim only, its for physical damage to the vehicle.  In Michigan, if you are hit by another driver and the other driver has insurance on their vehicle, the most you can get from them is $500.  That is for physical damage to the vehicle only.  The easiest way in the vast majority of cases is to send a letter to the insurance company for the wrong-doer's vehicle and add three documents to that letter.  You  need to add a copy of the police report showing the other person to be at fault, you need a copy of the declaration page from your own insurance company - the page that shows your coverages and what you pay for them.  This will show the insurance company that you have coverage and show what your deductible is.  You also have to include a damage estimate for your vehicle.  If a damage estimate is hard to get or impractical because your car is in salvage, or you can't get it to a dealer or a bump shop for an estimate, then photos will suffice.  If you're going to take photos of the vehicle, try to get the license plate in the photo just so that the person reading your letter can cross reference it with the police report to the license plate in the photo. 

If you have something called broad collision or broad form collision, you will not have to pay the deductible.  Its an extra premium you pay so that if you are less than 50% at fault, your deductible is waived.  There is no mini tort claim if you have broad collision so its very important to look at that. 

Where do I get this letter?  The letter is on our website under the mini tort section.  http://www.michiganautolaw.com/nofault/michigan-mini-tort.php

The $500 is actually a maximum.  If you have say a $400 deductible, you're only going to get $400.  Let's say you have a $400 deductible but only $150 in vehicle damage.  Its the lower of the $500, your deductible, or the vehicle damage.  So you need to make sure that on our letter where it says   $500, if you have a lower or lesser claim, you need to change that number so that is matches what your actual mini tort claim actually is.

 It matters if you are at fault with the mini tort claims.  Its pro-rated based on your % of fault, so if you have a $500 mini tort claim and you are 40% at fault, you're going to get 60% of the $500, not the full $500.  Generally its 100% fault, one way or the other. 

There are some exceptions to the $500. If your car was parked at the time, if the wrong-doer has no insurance, you need to call us so we can discuss those issues and another approach to you getting your mini tort but the letter will help you get the money in the vast majority of cases.

What if my car was parked?  As long as the car was safely parked, and in park, its really a property damage claim and not a mini tort claim.  So you would go after the property damage protection on the wrong-doers policy, or your own collision, you have a choice.

If the person that hits your car is uninsured, assuming the vehicle that they are in is uninsured, they're not protected by the no fault statute, and you're not limited to the $500 property damage limit.  You can go after them for everything and that might involve a lawsuit in small claims court.  If that's the issue they should call us to discuss that because they are things they need to know about filing those lawsuits before they do it. 

If you've been injured, we need to discuss your injuries.  You do have a couple other cases besides the collision damage case.  One case is the negligence lawsuit against the wrong-doer.  The second case is the no fault case which provides you with benefits, medical benefits, medical related, wage loss benefits, household replacement services, mileage, etc, if you're injured in an accident regardless of fault. 

If you have any questions or concerns or if you're having trouble getting your mini tort money, or if the insurance says that the person who had the policy does not have mini tort coverage on it, you need to call our office.  Please don't avoid calling us because you're worred about the costs of talking to somebody, the advice is free, we are here to help you, and we want you to be successful in getting your money.