In Michigan, most of us rely heavily on our cars every day. If your car is damaged in an accident, it’s not just an inconvenience; it can be a significant financial burden and affect your ability to get around. Understanding your rights for vehicle repair or replacement is crucial. While having broad form collision and comprehensive insurance coverage is the best way to protect your vehicle, the Michigan Mini Tort law offers another way to recover some costs if another driver was at fault.
What is the Mini Tort and How Did it Change in Michigan?
The Mini Tort is a part of Michigan’s no-fault insurance law that allows you to recover money for vehicle damage from an at-fault driver. In 2019, Michigan made changes to its no-fault system, and as of July 2020, the maximum amount you can claim through this provision increased from $1,000 to $3,000.
To successfully make a mini tort claim, you must prove the other driver was more than 50% at fault for the auto collision. If you were partially at fault, your recovery under this law will be reduced by your percentage of fault. For example, if the other driver was 75% at fault for the accident and your out-of-pocket repair costs (like your deductible) are $2,000, you could recover 75% of that, or $1,500, through a mini tort claim, up to the $3,000 maximum.
Who Pays for My Car Damage After a Michigan Accident?
If your vehicle was damaged in a Michigan car crash, the mini tort provision allows you to recover up to $3,000 directly from the driver who caused the accident (or their insurance company) for damages not covered by your own insurance, like your collision deductible.
However, $3,000 often isn’t enough to fully repair or replace a damaged vehicle. So, what are your other options?
- Your Own Insurance: This is usually your primary source for covering significant vehicle damage.
- Collision Coverage: Pays for damage to your car from an accident, regardless of fault (after your deductible).
- Comprehensive Coverage: Pays for damage from non-collision events like theft, vandalism, fire, or hitting an animal (after your deductible).
- Mini Tort Claim: To recover your deductible or other uninsured repair costs up to $3,000 from the at-fault driver. You can file this claim directly with the at-fault driver’s insurance company. If they are uninsured, you might have to sue the at-fault driver in small claims court for your recovery.
You will typically need a copy of the police report to help show the other driver was at fault when making your mini tort claim.
Collision vs. Comprehensive Coverage: What’s the Difference for My Car?
Understanding your own auto insurance is key:
- Comprehensive Coverage: Protects your vehicle from a wide range of non-accident damages, such as if a tree falls on it, it’s vandalized, or it’s damaged by hail.
- Collision Coverage: Specifically covers damage to your vehicle if it’s involved in an auto accident, whether it’s with another car or an object (like a pole).
It’s generally not advisable to only have PLPD (Personal Liability and Property Damage) insurance unless your vehicle is very old and its repair value is minimal. You should weigh the cost of collision coverage against the age and value of your vehicle. Full coverage (which includes both collision and comprehensive) offers the most protection for your vehicle after an accident, and the mini tort can then help you recover your deductible.
Need Help with a Michigan Mini Tort or Car Accident Claim?
If you’ve been in a car accident in Michigan and are unsure about how to pursue a mini tort claim or deal with insurance companies for your vehicle damage, we are here to assist you. Call and speak with an experienced auto accident lawyer today at 248-352-2110 or Toll-Free at 1-866-HIRE-JOE. We offer a 100% Free Case Evaluation, and there are no upfront out-of-pocket costs to you.