When you can claim it
In most crashes, Michigan law bars suing the other driver for vehicle damage. The exception is the mini-tort in MCL 500.3135(3)(e). For crashes after July 1, 2020, you can recover up to $3,000 for damage to your vehicle not covered by insurance. Before that date the limit was $1,000.
| Your coverage | What the mini-tort can recover |
|---|---|
| Broad form collision | Usually little; the deductible is waived when you were not more than 50% at fault |
| Standard collision | Your deductible, up to $3,000 |
| Limited collision | Any deductible or other uncovered repair cost, up to $3,000 |
| No collision coverage | Repair costs, up to $3,000 |
Check your coverage type on your declarations page. See reading your declarations page.
Rules for a mini-tort claim
MCL 500.3135(4) sets the conditions:
- Comparative fault applies, and nothing is awarded to a party more than 50% at fault. See comparative fault.
- The case must be brought in small claims court, or in district or municipal court, when legally possible. Michigan’s small claims limit is $7,000.
- No damages are awarded if your vehicle was being operated without required insurance at the time.
- The result does not decide any other claim arising from the crash, such as an injury claim.
Many auto policies include mini-tort liability coverage, so the at-fault driver’s insurer often pays a written demand with the police report, repair estimate and proof of your deductible or uncovered cost. If it does not, the at-fault driver is personally liable.
How to file a mini-tort claim, step by step
- Get the crash report. Note the report number and the other driver’s name, plate and insurer. The report is often the first thing an adjuster reads on fault.
- Find your uncovered amount. That is your collision deductible, or the full repair cost if you have no collision coverage. Keep the repair estimate or final invoice and your declarations page.
- Send a written demand to the at-fault driver’s insurer. Include the report, the estimate or invoice, proof of what your own insurer paid or didn’t pay, and the amount you are claiming (no more than $3,000). Keep a copy and the date you sent it.
- If the insurer refuses or doesn’t answer, the claim is against the driver personally. File in small claims court in the district where the crash happened or where the driver lives, as MCL 500.3135(4) requires when possible.
- Watch the deadline. A mini-tort claim generally has to be filed within three years of the crash (MCL 600.5805).
What a demand letter can look like (fictional example)
This example is made up to show the format. The people, insurer and amounts are not real.
“To: Claims Department, [at-fault driver’s insurer]. Re: Mini-tort claim, your insured [driver’s name], crash of March 3 at 12 Mile Rd. and Telegraph Rd., Southfield Police report no. [number]. Your insured rear-ended my vehicle while I was stopped. My collision deductible was $1,000, which my insurer did not cover. Under MCL 500.3135(3)(e), I am requesting $1,000. Enclosed: police report, repair invoice, my insurer’s payment statement. Please respond within 30 days. [Your name, address, phone].”
If the insurer argues you were partly at fault, ask which facts it relies on. Under comparative fault, a claimant 20% at fault would recover 80% of the uncovered amount; a claimant more than 50% at fault recovers nothing.
Injuries and property damage are separate claims. A mini-tort payment does not affect your PIP benefits or a claim against the driver for your injuries.
Sources: MCL 500.3135(3)(e) and (4); MCL 600.5805; MCL 600.8401.
Questions people ask us
What is the Michigan mini tort?
A claim against the at-fault driver for up to $3,000 of damage to your vehicle that your own insurance did not pay, such as your collision deductible. It applies when the other driver was more than 50% at fault (MCL 500.3135(3)(e)).
Who pays to fix my car after a Michigan crash?
Your own collision coverage, if you have it. Michigan property protection insurance does not cover moving vehicles. If the other driver was more than 50% at fault, you can recover up to $3,000 of what your insurance does not pay, such as your deductible, through a mini-tort claim.
How long do I have to file a mini-tort claim?
Generally three years from the crash (MCL 600.5805). Start sooner: insurers pay most mini-tort demands on the paperwork, and records are easier to get while the claim is fresh.
Where do I file a mini-tort claim?
In small claims or district court when possible, as MCL 500.3135(4) requires. Most people first send a demand to the at-fault driver’s insurer, since many policies include mini-tort coverage.
