How to File a Michigan Mini Tort Claim process
How to File a Michigan Mini Tort Claim process

Michigan Mini Tort Process [How to File a Michigan Mini Tort Claim?]

Michigan Mini Tort Process: In Michigan, every motorist should know how to file a small tort claim. This is critical because, if your automobile is ever damaged in a Michigan car accident, the small tort law permits you to sue the at-fault motorist for money damages to help pay for your repairs.

The good news is that filing a small tort claim in Michigan does not need hiring an attorney.

For mini torts, the current maximum recovery limit is $1,000. After July 1, 2020, this will increase to $3,000 for automobile accidents. 500.3135(3)(e) (MCL).

The deductible will most likely be covered by the small tort for drivers who have collision policy. The small tort will be the sole way for drivers without collision coverage to collect money for vehicle damage and repairs.

Also Read: Michigan No Fault Insurance [Quick Guide]

How to File a Michigan Mini Tort Claim Process?

In the sections below, we’ll go over everything you need to know about filing a Michigan Mini tort claim

It’s important to note that the minor tort act only applies to vehicle damage. If you’ve been hurt in a vehicle accident, go to our No-Fault law information page to learn more about the PIP insurance coverage you’re entitled to from your own insurance carrier. You can also learn how to get compensation from the individual who caused the vehicle accident you were in for your injuries and pain and suffering.

Related: Michigan Pedestrian Accident Law [Important Details You Must Know]

In 5 Easy Steps, Learn How To File A Mini Tort Claim In Michigan.

1. Get the information you need from the at-fault motorist who caused the collision.

2. Obtain a copy of the police report, often known as a “UD-10” or “Traffic Crash Report.”

3. Get an estimate for the cost of repairing the damage to your vehicle.

4. Obtain a copy of the Declarations Page from your automobile insurance policy.

5. File a claim with the at-fault driver’s motor insurance company.

I’ll go through each of these five procedures in detail below on how to file a small tort claim in Michigan.

Michigan Mini Tort Process
Michigan Mini Tort Process

What information do you need from the at-fault driver in order to file a Michigan minor tort claim?

To successfully file a small tort claim in Michigan and collect money to compensate for your car’s accident-related vehicle damage, make sure you have all of the essential information from the at-fault motorist.

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In order to pursue a minor tort claim in Michigan, the at-fault motorist must give you with the following information:

• His or her full name and mailing address.

• The name and address of the vehicle’s owner.

• The vehicle’s registration number.

• He or she must show you his or her driver’s licence (MCL 257.618(1); 257.619(a) and 257.619(b)) (b).

Documents Requirement for Michigan Mini Tort Claim Process

To submit a Michigan small tort claim, you’ll need the following insurance information from the at-fault driver:

• His or her vehicle insurance company’s name.

• The name of the vehicle’s auto insurance company.

• The policy number for the insurance that covered the car involved in the collision.

• Name and contact information for the at-fault driver’s insurance agent (including phone number).

Click Pictures on the Scene

It is also strongly advisable that you should snap images of: (with your mobile phone camera).

• The scene of the accident.

• Damage to your vehicle (if feasible, include your license plate in the photo to demonstrate that you are the registered/titled owner of the vehicle).

• The evidence of motor insurance card of the at-fault driver.

• The driver’s license of the at-fault motorist.

• The license plate of the vehicle driven by the at-fault motorist.

Why is it critical to obtain a copy of your vehicle accident police report?

The police report (or UD-10 or Traffic Crash Report) should presumably validate and verify the personal and insurance information supplied to you by the at-fault motorist at the scene.

If the at-fault motorist received a ticket, it will be revealed in the police record. The “narrative” part of the police report, as well as illustrations, may be significant in showing that the other motorist was at blame in circumstances when no ticket was given.

The term “fault” is significant in the context of the minor tort for three reasons:

1. In order to bring a small tort claim against the other motorist in the automobile accident that caused damage to your vehicle, he or she must have been at fault in creating the incident.

2. Damages under the mini tort are “evaluated on the basis of comparative fault,” which implies that if you were 25% at fault in contributing to the crash, your mini tort recovery will be reduced by 25%. 500.3135(3)(e) and (4)(a) (MCL).

3. To file a minor tort claim in Michigan, you must be “less than 50% at fault” in causing the accident; otherwise, your claim will be denied.

Obtaining a repair quote for a car that has been damaged.

You may acquire an estimate for the cost of repairing your automobile accident-related vehicle damage at any collision car repair body shop of your choosing.

You are not required to use the body shop advised by your own insurance company’s claims adjuster (and there are numerous good reasons to avoid doing so). If the at-fault driver’s insurance company recommends a collision shop to you, you definitely do not have to utilize it.

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Remember that the minor tort only applies to automobile damages up to $1,000 for occurrences occurring before July 2, 2020. The small tort maximum coverage limit will increase to $3,000 for vehicle accidents occurring on or after July 2, 2020.

Vehicle damage repair expenses that exceed the mini tort maximum recoverable amount must be covered by a driver’s or owner’s collision coverage or paid for out of pocket.

Why do you need a copy of your automobile insurance policy’s Declarations Page?

Your auto insurance policy’s Declarations Page – also known as the “dec page” or “dec sheet” – lists the coverage you have on your vehicle as well as the coverage dates, proving that you were covered by a valid No-Fault auto insurance policy at the time of the car accident that caused damage to your vehicle.

This is important because you will be unable to bring a small tort claim in Michigan if you were “uninsured” at the time of the vehicle accident. 500.3135(4)(e) MCL 500.3135(4)(e) MCL 500.3135(4)(e) MCL 500

You may also see if you had collision coverage on your declarations page. When there is a collision deductible, the at-fault driver’s vehicle insurance company will attempt to pay the named-insured (the person to whom the insurance policy is written) instead of the named-insured (the person to whom the insurance policy is written) (the person to whom the insurance policy is written). However, if the at-fault driver’s motor insurance policy does not provide collision coverage, the small tort payment will be made to the vehicle’s owner.

Notification of your claim to the at-fault driver’s motor insurance company.

After you’ve accomplished all of the above procedures, you’re ready to file a claim with the at-fault driver’s vehicle insurance company and seek settlement. It’s critical to offer your supporting documentation and proof to collect your money when filing a small tort claim in Michigan.

Remember that for incidents occurring before July 2, 2020, your claim is limited to the lesser of $1,000 or the appropriate mini tort maximum recovery amount ($3,000 for accidents occurring on or after July 2, 2020), the estimate of the cost of repairing your vehicle damage, or your collision coverage deductible.

To assist you with this process, we’ve created a Michigan tiny tort sample letter that you can use as a template for the letter you’ll submit to the at-fault driver’s insurance company.

Maintain contact with your Michigan Mini tort claim process.

You haven’t really filed a Michigan minor tort insurance claim yet. The procedure is not yet complete. The information will have to be verified by the other insurance company. To follow up with their claim office, write down the claim number and a phone number.

Note: Confirm to see if Mini Tort Claims are covered under your insurance.

About DIFS.

The Michigan Department of Insurance and Financial Services’ mission is to ensure that Michigan residents have access to safe and secure insurance and financial services that are essential for their opportunity, security, and success, while also encouraging economic growth and sustainability in both industries. In addition, the Department helps Michigan residents with consumer protection, outreach, and financial literacy and education.

Also Read:  Michigan Pedestrian Accident Law [Important Details You Must Know]

Department of Insurance and Financial Services (DIFS) Contact

Phone Number: 877-999-6442.
Website:  www.michigan.gov/DIFS.

Often Asked Questions- Michigan mini tort process

Q) What Does “Mini-Tort” Mean?

Only specific situations allow a motorist to be personally sued under Michigan’s vehicle insurance legislation. One of these scenarios is limited property damage liability, sometimes known as “mini-tort.” A motorist who is 50% or more at fault in an accident may be sued for up to $3,000 in damages to meet the other driver’s deductible under mini-tort. You can sue the other motorist to recover your deductible if you have standard collision insurance with a $100 deductible and are involved in an accident in which you are less than 50% at fault. If you are more than 50% at fault, on the other hand, another driver may sue you to collect their deductible.

Q) Which Court Will Have Jurisdiction Over These Cases?

A mini-tort action should start in small claims court or municipal court, but each side has the option of having the case forwarded to a higher court. If the party that requests that the case be transferred is unsuccessful, they may be obliged to pay court fees.

Q) Is This New Liability Covered by My Insurance?

Many insurers provide “limited property damage liability” coverage, which will cover mini-tort fees if you are judged to be at fault in an accident. Under Michigan law, you are not obliged to have this policy, but you may acquire it as an optional coverage for a fee. Consult your agent to learn how your business handles this risk and what options you have.

Ask your agent or firm if you have any questions regarding your insurance. Contact the Department of Insurance and Financial Services (DIFS) at the location or phone number below if they are unable to answer your query. The Department of Insurance and Financial Services (DIFS) is the state agency in charge of insurance regulation in Michigan.

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