Michigan Mini Tort Law: What You Need To Know
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Michigan Mini Tort Law

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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:

How To Repair Your car Damage

Mini Tort and How it Can Work for You

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:

  1. 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.
  2. Determine Fault: Confirm the police report shows the other driver was 50% or more at fault.
  3. 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.
  4. 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:

Mini Tort

PODCAST

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.

DO YOU HAVE A MINI-TORT CLAIM FOR A MICHIGAN AUTO ACCIDENT?

Under Michigan’s mini-tort law, a victim of a car accident can recover a maximum of $3,000 for vehicle damage from the driver who caused the crash, via his automobile insurance company. This is a mini-tort claim.

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.

Michigan Auto Law is Michigan’s largest and most successful law firm that specializes exclusively in helping people who have been injured in auto accidents.

Our secret? Our attorneys deliberately handle fewer cases than other personal injury law firms. This allows us to focus more time and attention on our cases.

Unlike other law firms, our attorneys are never too busy to promptly return phone calls and answer questions. 

We have more than 3,500 5-Star Reviews that reflect this care and attention to detail.

More importantly, this client-focused approach leads to better and faster settlements for our clients. Michigan Auto Law has recovered more million-dollar settlements and trial verdicts for motor vehicle accidents than any other lawyer or law firm in Michigan. We’ve also recovered the highest ever reported truck accident and car accident settlement in the state.

Call now so we can start making a real difference for you.

Legally Reviewed By

Written By

Steve M. Gursten,
Attorney, License#: P53632

Nationally recognized trial attorney Steven Gursten has recovered the largest car accident settlement of any Michigan lawyer or law firm. For 14 straight years, Super Lawyers has ranked him among the top 50 lawyers in Michigan out of over 65,000. He was named a Michigan “Go To Lawyer for Negligence Law” by Michigan Lawyers Weekly and recognized by DBusiness Magazine as a Top Lawyer in Metro Detroit.

For more than 30 years, Steve has devoted his practice exclusively to representing people injured in car, truck, and motorcycle accidents at Michigan Auto Law.

View attorney Steven Gursten's Full bio.

Legally Reviewed by Todd Berg, Attorney

Steve M. Gursten, Attorney

This article is for informational purposes only and does not constitute legal advice. See our Community Guidelines.

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