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Michigan mini tort

December 4, 2008 by Steven M. Gursten

The lawyers in Michigan Auto Law’s pre-suit division are the first point of contact for people who have been in car accidents and are seeking legal help. In directing clients through the early stages of their cases before lawsuits are filed, they answer countless questions about everything related to a Michigan car accident case – from the No-Fault law to insurance benefits and attendant care. Below is one of the most popular questions posed by auto accident victims.

Q. How much money can I get for my car damage from the accident?

A: Whether you receive compensation for your vehicle that was destroyed in a car accident or truck accident is based on what is specified in your individual insurance policy regarding coverage for collision and property damage.

However, according to Michigan law, you are entitled to up to $1,000 for mini tort coverage for any vehicle damage that is not otherwise coverage by insurance.

Additionally, recovery under the mini tort can be used to pay a deductible, if there is one, on a collision coverage policy. In other words, if you have a $1,000 deductible for $5,000 worth of car repair, the mini tort law entitles you to get the $1,000 deductible back from the at-fault party’s insurance company.

Visit our Web page on mini tort for sample mini tort letters. The letters ask the insurance company for the money you are entitled to for your car accident damage.

More on Michigan mini tort

The term mini tort refers to limited property damage liability. Again, mini tort allows for accident victims to recover up to $1,000 of their vehicle repair costs.

Under the No-Fault act, the state of Michigan has mandated coverage for personal injury protection (PIP), property protection such as road signs, fences and buildings; and residual liability coverage for cases where death or injury are involved. The state does not, however, require collision coverage. That is where the mini tort provision comes into play. There are varying degrees of collision insurance, but generally speaking, the mini tort is intended to assist in covering the cost of repairs to a car accident victim’s own vehicle.

Repairs can get costly.

If you are without collision coverage on your car, or your coverage is limited, and you are less than 50 percent at-fault for the accident, you can recoup some of your out-of-pocket costs to fix your car via the mini tort exception.

How much you can recover depends on how much fault you bear for the accident. For instance, let’s say the damage to your car amounts to $100 and the other driver is deemed 75 percent at fault for the accident. Then he or she would pay $75.

These cases are normally handled in a small claims court, but either party involved in the Michigan car crash may ask to have the case moved up to the general civil division of the district court.

Michigan Personal Injury Lawyers

The lawyers in our pre-suit division evaluate and prepare new cases. They also help clients navigate through complex and sometimes conflicting health insurance plans in order to receive all necessary treatment and care available. The pre-suit lawyers pride themselves on preparing a strong foundation for each case, so that if a lawsuit must be filed, the client is in the best possible position as litigation commences. Meanwhile, they work with insurance company adjusters to settle cases in their early stages favorably and quickly whenever possible.

If you have been in a car accident and are unsure of your rights or you do not understand your No-Fault insurance plans, please give Michigan Auto Law a call for a free consultation with no obligation at (800) 777-0028. We are readily available to answer questions and concerns.

Related information:

Lawyer blog: Make Insurance Companies Think Twice Before Denying Benefits

Michigan Car Accident Legal Resource Center

10 Things to Know if You are Injured in a Michigan Car Accident

Michigan Auto Law exclusively handles car accident, truck accident and motorcycle accident cases throughout the entire state of Michigan. We have offices in Farmington Hills, Detroit, Ann Arbor, Grand Rapids and Sterling Heights.

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