- May 15, 2023
Car accidents are common in Michigan, with the state recording 282,640 crashes in 2021. These accidents cause not only bodily injuries, but they also result in damage to your car. Michigan’s no-fault insurance coverage does not include damages to vehicles in an accident.To get compensated for the damage to your car, you must apply the Michigan mini-tort rules. This blog discusses how Michigan's mini-tort law works and how to file a claim. If you or a loved one is involved in a car accident, our knowledgeable team at Goodman Acker P.C. can help you get a fair outcome.
Call us at 248-286-8100 to book a free case review.
Why Get Legal Representation From Goodman Acker P.C.?
At Goodman Acker P.C., we have decades of experience representing car accident victims and fighting for them to get a favorable outcome. Our knowledge of Michigan laws and legal system makes us well-equipped to protect your rights and represent your interests when dealing with the at-fault party’s insurer.
The team at Goodman Acker P.C. is invested in your claim and will work tirelessly to help you get your life back on track.
So, whether you seek compensation for bodily injuries or damage to your car, our lawyers will use all our resources to pursue your claim aggressively. Our clients testify to our dedication, and our 99% success rate speaks to our winning ways. We offer free initial consultations, so call us today at 248-286-8100 to schedule one with one of our car accident attorneys.
What Is the Michigan Mini-Tort Law?
Before 2020, Michigan’s mini-tort law allowed victims of car accidents to recover a maximum of $1,000 for vehicle damage from the driver who caused the crash through the at-fault driver’s applicable automobile insurance company. Now, a driver who is 50% or more at fault in an accident may be sued for up to $3,000 in damages to cover the cost of the other driver’s deductible.
So, suppose you have standard collision insurance with a $1,000 deductible and are involved in an accident for which you are less than 50% at fault. You can file a claim against the other driver to recover your deductible. On the other hand, if you are more than 50% at fault, you may be sued by another driver to recover their deductible.
Remember that you cannot receive more than $3,000, but most car insurance policies do not have up to $3,000 as a deductible.
If the damage suffered exceeds the deductible, the at-fault party will only pay the deductible, while your insurance will cover the rest. Also, drivers who do not have an auto insurance policy and are considered at fault for the accident are not protected under the mini-tort law. In such an instance, you will be responsible for payment of your vehicle damage.
How to File a Mini-Tort Claim in Michigan
After a car accident, ensure you get the details of the person who caused the accident, particularly their name, address, phone number, and auto insurance information. If the driver at fault is not the owner of the car, ensure you get the name and address of the vehicle owner and ask the driver to show you their license.
When asking for insurance information, request the following:
- The name of their insurance company or the insurer covering the car if the driver is not the owner
- Policy number
- Name and phone number of the driver’s insurance agent.
Once you have this information, you can file a claim. You or your attorney can write a letter to the insurance company of the driver who caused the accident and request the money. It is beneficial to include the following when making a claim:
- The police report demonstrating the person who caused the accident was at fault
- The declaration sheet from your own insurance company
- An estimate of vehicle repairs and photographs showing the damage.
It also helps to support your claim with evidence from the crash scene. This includes any photo or video obtained at the accident site and witness statements. These pieces of evidence are also vital to pursue a compensation claim for severe bodily injuries.
Does the Mini-Tort Law Cover Personal Injuries?
A mini-tort claim will only recover compensation for your vehicle damage, not your injuries or lost wages. Suppose you suffer injuries and want to pursue a lawsuit to recover compensation for your medical expenses and pain and suffering damages.
In that case, consulting with our Detroit auto accident attorneys is best. It is also essential that you not wait to do so, as there are strict statutes of limitations for filing a claim. Waiting too long could bar you from collecting any compensation at all. If your claim is successful, you will recover damages for economic and non-economic damages like lost wages, medical bills, pain and suffering, etc.
Michigan Mini-Tort: Paying for Vehicle Damage After a Car Accident FAQs
After a car accident, you might have questions about who pays for your vehicle damage and other compensation. The following are some of the questions our lawyers frequently encounter:
Will a Mini-Tort Claim Cover My Bodily Injury Compensation?
No. Mini-tort claims only pay for the damages to your car. You must rely on your no-fault insurance coverage for your bodily injuries or file a compensation claim against the at-fault party if your wounds are severe.
How Long Do I Have to File a Mini-Tort Claim or Lawsuit?
You have three years to file a mini-tort claim or lawsuit, and the time starts counting from the day the accident occurred.
Who Pays for My Medical Bills After a Car Accident?
Since Michigan is a no-fault state, your no-fault auto insurance policy will pay your medical bills. You can also use your health insurance if you have any.
Can I File a Mini-Tort Claim If I Have No-Fault Insurance But Lack Auto Insurance Coverage?
No, you can’t. You must have a mini-tort coverage to enjoy its benefits and protection. Also, your insurance policy must have a deductible for which the at-fault party will reimburse. If the policy has no deductible, your insurance company will cover all the damages to your car, and the responsible party will pay nothing.
Let Goodman Acker P.C. Handle Your Mini-Tort Claim
At Goodman Acker P.C., our attorneys have significant experience helping auto injury clients get back on their feet and collect compensation on first-party (no-fault insurance benefits) and third-party (pain and suffering damages) lawsuits. We have over 30 years of experience representing victims and a successful track record of obtaining fair settlements for them. We can do the same for you.
Call today if you or your loved one was involved in an automobile crash and are seeking compensation for your injuries. During our free, no-obligation initial consultation, we will review your case, determine if you have a claim, and answer any questions you may have. We charge no fees or costs until we win or settle your claim. Contact us now at 248-286-8100.