Michigan Mini-Tort Explained

Short answer: Michigan's mini-tort law lets you recover up to $3,000 from a driver who is more than 50% at fault for a crash, for vehicle damage your own insurance doesn't pay, such as your collision deductible. The at-fault driver may have optional limited property damage liability coverage that pays the claim. Without it, the driver pays personally.

Why Michigan needs a mini-tort

Michigan's no-fault system limits lawsuits over vehicle damage. In most crashes, you can't sue the other driver for damage to your car. Your own collision coverage pays instead, minus your deductible. If you don't carry collision, you may pay for repairs yourself.

The mini-tort is a small exception. Under Michigan's no-fault act (MCL 500.3135), you can recover up to $3,000 for damage to your vehicle that isn't covered by insurance, from a driver who is more than 50% at fault. The Michigan auto insurance FAQ describes it as a way to recover out-of-pocket costs.

What you can recover

Mini-tort damages cover uninsured vehicle losses, which commonly include:

• your collision deductible;
• repair costs if you don't have collision coverage.

Whether other costs, such as towing or loss of use, can be included depends on the facts, so ask your insurer or an attorney.

The total is capped at $3,000, regardless of how much damage your car sustained.

Who can claim

You can bring a mini-tort claim if:

• the other driver was more than 50% at fault;
• the crash happened in Michigan; and
• the other driver was insured in Michigan or otherwise subject to the law.

You can't bring a mini-tort claim if you were mostly at fault.

Mini-tort coverage on your own policy

Many Michigan insurers offer optional limited property damage liability coverage, often called mini-tort coverage. If you cause a crash and the other driver files a mini-tort claim, this coverage pays it instead of you. It's usually inexpensive.

How to file a mini-tort claim

1. Get the police report and the other driver's insurance information.
2. Document your out-of-pocket costs, such as your deductible and repair estimates.
3. Send a demand to the at-fault driver, or to their insurer if they have mini-tort coverage.
4. If they refuse, you can file in small claims court within the statute of limitations.

Some insurers help their customers pursue mini-tort recovery. Keep copies of everything you send and receive, and act promptly while records and memories are fresh.

How it fits with Michigan's other coverages

• PPI pays up to $1 million for damage your car does to other people's property, like buildings and parked cars, but not to other moving vehicles.
• Collision pays for your own car, with three forms often offered in Michigan: broad form, standard and limited.
• PIP pays injury-related costs. See Michigan PIP choice explained.

Common scenarios

Another driver runs a red light and hits you. Your collision deductible is $1,000. You can seek the $1,000 from the other driver through a mini-tort claim.

You don't carry collision, and repairs cost $6,000. You can recover up to $3,000 through mini-tort. The rest is yours.

You're 60% at fault. You can't bring a mini-tort claim, but the other driver can bring one against you.

You hit a parked car. That's a PPI claim, not mini-tort.

Key terms

• Mini-tort: a claim of up to $3,000 for uninsured vehicle damage against a mostly at-fault driver.
• Limited property damage liability: optional coverage that pays mini-tort claims against you.
• Broad form collision: Michigan collision coverage that can waive your deductible when you're not substantially at fault.
• PPI: property protection insurance.

Questions to ask your broker

• Do I have mini-tort coverage?
• Which form of collision coverage do I have?
• What's my collision deductible?
• Does my insurer help pursue mini-tort recovery?

Bottom line

Mini-tort can recover up to $3,000 of what you'd otherwise pay yourself after a crash someone else caused. Make sure you have mini-tort coverage for the times you're at fault, and understand which collision form you carry.

Contact Alishahi Insurance or call (877) 711-4545. See insurance in Michigan and auto insurance.

Frequently asked questions

Alishahi Insurance · 439 N Canon Dr, Penthouse, Beverly Hills, CA 90210 · (877) 711-4545 · CA License #4348151. General information only. This isn't legal, tax or financial advice or a coverage determination. Coverage depends on policy language and underwriting, and rules vary by state.