The Michigan mini tort lets you recover up to $3,000 in vehicle damage your own insurance does not cover from the driver who caused the crash. For most people that money is their collision deductible. The other driver must be at least 50% at fault, and the $3,000 cap applies to crashes after July 1, 2020.
Many Michigan drivers have never heard of the mini tort, so they pay their deductible and never get it back. Benedict Auto Body in Mason has repaired collision damage since 1996 and works with all insurance companies. This guide explains the rule in plain terms and lists the paperwork you need.
What is the Michigan mini tort?
The Michigan mini tort is a small, limited claim for vehicle damage that lets a not-at-fault driver collect uncovered repair costs from the at-fault driver. It comes from Michigan’s no-fault law, MCL 500.3135(3)(e).
Under no-fault, your own policy pays to fix your own car if you carry collision coverage. That leaves you paying the deductible even when someone else caused the wreck. The mini tort is the exception that lets you go after that gap.
The State of Michigan auto insurance FAQ sums it up: if a driver is 50% or more at fault, they can be sued for up to $3,000 in damage to the other vehicle that insurance did not cover.
How much can you recover with a Michigan mini tort claim?
You can recover the part of your vehicle damage that no insurance paid, up to $3,000. What that means for you depends on your coverage.
| Your situation | What the mini tort can recover |
|---|---|
| You have collision coverage with a $500 deductible | Up to $500 (your deductible) |
| You have collision coverage with a $1,000 deductible | Up to $1,000 (your deductible) |
| You have no collision coverage | Up to $3,000 of your repair cost |
| You were more than 50% at fault | Nothing |
Fault is shared by percentage. The law says damages are assessed on comparative fault, and a driver more than 50% at fault collects nothing. So if the other driver was 80% at fault and your deductible was $1,000, you could claim $800.
Who pays a mini tort claim?
The at-fault driver owes the money. Many Michigan drivers buy optional limited property damage coverage, sometimes called mini tort coverage, and that coverage pays the claim for them.
If the at-fault driver did not buy that coverage, they owe it personally. You can still send the claim to their insurance company first. The insurer will tell you whether the policy includes limited property damage coverage.
One condition applies to you, too. You need to have had Michigan no-fault insurance on your own vehicle at the time of the crash.
How do you file a mini tort claim in Michigan?
You file a mini tort claim by sending a written demand, with proof, to the at-fault driver and their insurance company. Most claims settle without court. Here are the steps.
- Get the police crash report. In Michigan this is the UD-10 Traffic Crash Report. It names the other driver and their insurer.
- Get a written repair estimate or final invoice. A body shop estimate shows the damage in dollars. Benedict Auto Body writes free estimates.
- Find your insurance declarations page. It shows your collision deductible.
- Keep proof you paid the deductible. The final repair invoice or a receipt works.
- Send a demand letter. Mail copies of the report, estimate or invoice, and declarations page to the at-fault driver and their insurer. Ask for payment of your uncovered damage.
- Go to small claims court if they refuse. The law says a mini tort case must be filed in small claims court whenever legally possible. The Michigan small claims limit is $7,000, so a $3,000 claim fits.
What paperwork does a body shop give you for a mini tort claim?
A body shop gives you the two documents that prove your damage: a written estimate and a final itemized invoice. Keep both.
At Benedict Auto Body in Mason, ask the front desk for:
- The written estimate, which lists parts, labor and paint
- The final invoice once repairs are done
- A receipt showing the deductible you paid
These papers matter more than you might think. An insurer is far more likely to pay a mini tort demand when the numbers come from a registered repair shop instead of a phone photo and a guess.
Does a mini tort claim change where you get your car fixed?
No. The mini tort is about getting money back. It has nothing to do with which shop repairs your car.
The Michigan Secretary of State’s Consumer’s Guide to Collision Repairs says you are entitled to choose where your vehicle is repaired. Your insurer may hand you a list, but the choice is yours.
If you choose Benedict Auto Body, tell your insurer. The shop helps with towing and insurance paperwork and offers loaner cars during repairs, so you are not stuck without a ride.
Common mini tort mistakes to avoid
Most lost mini tort money comes from a few simple mistakes:
- Skipping the police report. Without it, proving fault is much harder.
- Waiting too long. Records get lost and people move. Send your demand soon after the repair.
- Asking for more than the uncovered amount. If insurance paid most of the bill, you can only claim what it did not pay.
- Assuming your insurer will handle it. Ask your agent. If your insurer will not pursue your deductible, you can file the claim yourself.
Is the Michigan mini tort worth filing?
Yes, for most not-at-fault drivers it is worth the time. A $500 or $1,000 deductible is real money, and the process is mostly paperwork.
Benedict Auto Body sees the Michigan mini tort as one more way to make a crash cost you less. Get the police report, keep your estimate and invoice, and send the demand letter. If the other driver refuses, small claims court is built for claims this size.
Frequently asked questions about the Michigan mini tort
Does the Michigan mini tort apply if I hit a deer?
No. The mini tort only applies when another driver caused the crash, and a deer is not a driver. Deer damage is usually covered under the comprehensive part of your own auto policy. Check your policy for your comprehensive deductible, and see Benedict Auto Body’s deer collision guide for the next steps.
What if someone hit my car while it was parked?
That is usually not a mini tort claim. In Michigan, property protection insurance on the other driver’s policy pays for damage their car does to a properly parked vehicle, up to $1 million. Get the driver’s insurance information and the police report, then file with their insurer.
Do I need a lawyer to file a mini tort claim?
Most people do not. The claim is mostly a demand letter with proof attached. If the case goes to small claims court in Michigan, both sides give up the right to have an attorney there. Bring your police report, estimate, invoice and declarations page so the judge can see the numbers.
What if the at-fault driver had no insurance at all?
You can still sue the driver personally in small claims court for your uncovered damage. Winning is the easy part. Collecting can be harder, because an uninsured driver may not have money to pay. Your own uninsured motorist or collision coverage may help, so call your agent before you decide.
Is mini tort coverage the same thing as a mini tort claim?
No. A mini tort claim is what you file to collect money after someone else causes a crash. Limited property damage coverage, often called mini tort coverage, is optional insurance that pays those claims for you if you are the one at fault. It is usually inexpensive, so ask your agent.
Get a free collision estimate in Mason
If someone hit you, start with a written estimate. Schedule your free estimate with Benedict Auto Body or call (517) 676-4970. The shop is at 246 W. Maple St. in Mason.
