Michigan is a “no fault” state for auto insurance. This means – for the most part – your own insurance policy and coverage responds when you are involved in an auto accident.
A “mini-tort” claim is an exception that allows the victim in an auto accident to collect up to $1,000 for damages to their vehicle from the owner or driver of the vehicle who caused the crash. The mini-tort provision is only applicable if the not at-fault party in the accident either did not carry collision coverage or had a deductible that applied for this type of loss.
It is important to note mini-tort is not paid by your own insurance company – it’s either paid directly by the at-fault party or their insurance company.
You will typically be required to provide the other insurance company with documentation consisting of a copy of the police report to confirm the accident details, an estimate documenting the amount of damage to your vehicle, and a copy of your insurance policy.
If the at-fault party is uncooperative or does not have insurance to cover this expense you may need to take them to small claims court to get a judgment and court order for payment of a mini-tort claim.
Did you know?
With broad form collision coverage your deductible is waived when the other party is at-fault in a collision, saving you the time and hassle of trying to collect a mini-tort claim. Visit our auto insurance page for more coverage information.