How to File a Michigan Mini-Tort Claim for Up to $3,000

Your insurer fixed your car and sent you the bill for your $1,000 deductible. You paid it and moved on.

If the other driver caused the crash, that $1,000 may be theirs to pay. And the clock is running.

Here’s how Michigan’s mini-tort works, who qualifies, and how to claim it yourself. If you want the bigger picture of every claim a Michigan crash can trigger, start with mini-tort vs. PIP vs. third-party claims: who owes you what. This post is the step-by-step for the vehicle-damage piece.

What is a mini-tort claim in Michigan?

A mini-tort claim is a small lawsuit against the at-fault driver for vehicle damage your own insurance didn’t cover. It comes from MCL 500.3135(3)(e), and it’s the one exception to Michigan’s no-fault rules for damage to your car in a crash with an insured driver.

It’s narrow on purpose. No pain and suffering. No lost wages. Usually no lawyer needed. Your insurer fixes your car; the at-fault driver covers the gap, up to the cap.

How much can you get from mini-tort: $1,000 or $3,000?

For crashes after July 1, 2020, the cap is $3,000. For crashes on or before that date, it’s $1,000.

The increase came from the 2019 no-fault reform, but the statute ties the higher cap to crashes after July 1, 2020, not to the date the law was signed. A lot of older articles still quote $1,000. For a crash today, that number is out of date.

So if your collision deductible is $1,000 and the body shop estimate is $4,200, your insurer pays the repair minus your deductible, and the at-fault driver can owe you that $1,000. If you don’t carry collision, the at-fault driver can owe up to $3,000 of your repair bill.

Who qualifies for a Michigan mini-tort claim?

You qualify if you were not more than 50% at fault, your vehicle was damaged, your own vehicle was insured, and you have damage your insurance didn’t pay.

1. You’re not more than 50% at fault. Damages are assessed on comparative fault, and nothing is awarded to a party more than 50% at fault (MCL 500.3135(4)(a)). If you were 20% at fault, expect your award to be cut by 20%.
2. The damage is to your vehicle. Not your fence, not the laptop in the trunk. Your car.
3. Your vehicle was insured. Mini-tort isn’t available if your damaged car was being driven without the required insurance (MCL 500.3135(4)(e)).
4. You have an actual uncovered loss. Usually your collision deductible, or the repair cost if you don’t carry collision.

Who actually pays?

The at-fault driver is the one who owes you. Many Michigan policies include mini-tort coverage, so their insurer often pays. But mini-tort liability isn’t part of the coverage Michigan requires (MCL 500.3135(4)(b)), so some policies leave it out. If theirs does, the driver owes you personally.

How do you file a mini-tort claim, step by step?

Ask the at-fault driver’s insurer first. If they won’t pay, file in small claims court, where the statute says these cases belong whenever possible (MCL 500.3135(4)(c)).

Step 1: Ask first. Write to the at-fault driver’s insurance company. Cite MCL 500.3135(3)(e). Include your repair invoice and proof of your deductible. Many insurers pay without a fight because it’s cheaper than court.

Step 2: If they say no, file in small claims. File in the district court where the crash happened or where the defendant lives. Use form DC 84 (Affidavit and Claim, Small Claims). The filing fee runs roughly $30 to $70 depending on the amount you’re claiming.

Step 3: Bring your proof. - Police report (UD-10) - Repair estimate or paid invoice - Proof of deductible paid - Photos of the damage - Your insurance declarations page, to show your car was insured

Step 4: Mind the clock. You have three years from the crash to file (MCL 600.5805). Don’t sit on it.

Small claims hearings are informal. Neither side has a lawyer. You tell the judge what happened, show your paperwork, and the other driver gets a chance to respond.

When isn’t mini-tort enough?

When your loss is bigger than $3,000, mini-tort won’t cover it, and you need a different tool.

Say you’re making payments on a 2022 SUV and owe $28,000. A driver runs a red light and totals it. Your insurer pays the actual cash value, $24,500, to your lender. You still owe $3,500 on a car you no longer own.

If the at-fault driver was insured, mini-tort tops out at $3,000 and doesn’t close the gap. That’s what gap insurance is for.

If the at-fault driver was uninsured, the picture changes. Michigan’s limits on tort claims only protect drivers who had the required insurance (MCL 500.3135(3)), so you can sue an uninsured driver for your full vehicle damage. That’s no longer a small claims matter, and collecting from an uninsured driver is often the hard part. That’s when it’s worth getting a free second opinion.

And if you were hurt, not just your car, mini-tort is the smallest of your claims. Read about Michigan’s 3-year deadline for injury cases and what your Michigan auto accident case may be worth. If the insurer is already calling, know whether you have to talk to the adjuster.

If a city bus or government vehicle hit you, read the 120-day notice rules for government vehicle crashes first.

This article is general information about Michigan law, not legal advice for your situation.