Our car accident lawyers tell you how to get your vehicle damage paid for following a car crash under Michigan’s mini tort auto law
Under the Michigan mini tort law (MCL 500.3135(3)(e)), an accident victim can recover up to $3,000 for out-of-pocket vehicle repairs and collision deductibles from an at-fault driver. This $3,000 cap applies strictly to accidents occurring after July 1, 2020; older crashes are limited to $1,000. To successfully collect a mini-tort claim, you must be 50% or less at fault for the accident, and the recovery amount is reduced by your exact percentage of fault.
Fault Example: If you suffered $2,000 in vehicle damage but were found 20% at fault, your recovery would be reduced by that percentage, leaving you with $1,600. If you are found more than 50% at fault, you cannot recover anything under the Michigan mini tort law.
To learn more about this limited property damage claim, please check out our video:
What is the maximum recovery under Michigan’s mini-tort law?
The maximum recovery under Michigan’s mini tort law (MCL 500.3135(3)(e)) is $3,000 for vehicle damage not covered by insurance, such as your collision deductible.
What are the eligibility rules for a Michigan mini tort claim?
- Maximum Cap: Up to $3,000 for accidents after July 1, 2020. (MCL 500.3135(3)(e))
- Fault Threshold: You must be 50% or less at fault. (MCL 500.3135(4)(a))
- Proportional Reduction: Your payout decreases by your specific percentage of fault. (MCL 500.3135(4)(a))
- Exclusions: The law strictly covers vehicle property damage; it excludes rental car costs, towing expenses, personal injury claims, medical expenses, and damage to personal property inside the vehicle (phones, laptops, clothing). (MCL 500.3135(3)(e))
How to file a mini tort claim in Michigan
If you qualify, here’s how to file a mini tort claim in Michigan and recover your vehicle damage costs from the at-fault driver:
- Gather Documentation: Obtain the official police crash report (UD-10), a written repair estimate from a licensed shop, and your insurance Declarations Page to prove your deductible amount.
- Determine Fault: Confirm the police report shows the other driver was 50% or more at fault.
- Send a Demand Letter: Submit a formal demand letter to the at-fault driver’s insurance company, including the police report, repair estimate, and proof of your deductible.
- Small Claims Court: If the insurer refuses to pay, your next step is filing in small claims court.
For more information about the Michigan mini tort law, take a look at our pages on:
The purpose of this law is to have you not to pay for all of your vehicle damage, but to compensate a person involved in a car accident that is not her fault for out-of-pocket expenses incurred from the collision. Listen to this podcast to learn about how to get some of the cost of your car damage reimbursed under the law.
Injured in a car accident in Michigan and need legal help? Call the attorneys at Michigan Auto Law now for a free consultation
If you were injured in a crash in Michigan and need help with your limited property damage claim, your No-Fault benefits claim, or your third-party pain and suffering lawsuit, call now (800) 968-1001 for a free consultation with one of our experienced car accident lawyers. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.
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