Michigan Mini Tort Claims – Recovering Vehicle Damage Costs in a Car Accident

What is Mini-Tort?

Michigan’s no-fault laws do not require collision coverage. That is where the limited property damage liability or mini-tort provision comes into play. Limited property damage liability, known as the mini-tort exception allows for Michigan accident victims to recover up to $500 of their vehicle repair costs under certain circumstances. The purpose is to compensate a person involved in a car accident that was not at-fault for out-of-pocket expenses resulting from the collision. Michigan mini tort law is premised upon people being free to purchase their own collision coverage. If an individual has existing collision coverage, the full vehicle repair costs from the accident will be paid from that policy. However, even if someone has collision coverage, he can still make a mini tort claim for incidental, out-of-pocket expenses such as a deductible. There are varying degrees of collision insurance, but generally speaking it covers the cost of repairs to the driver’s own vehicle.

How do you qualify and what can be collected?
If you are without collision coverage on your car, or your coverage is limited, and you are less than 50 percent at fault for the accident, you can recoup some of your out-of-pocket costs to fix your car via the mini-tort. How much you can recover depends on how much fault you bear. For example, let’s say the damage to your car amounts to $100 and the other driver is deemed 75 percent at fault for the accident. Then he or she would pay $75. These cases are normally handled in a small claims court, but either party involved in the car crash may ask to have the case moved up to a higher jurisdiction.

How do you file a Mini-Tort claim?
To recover vehicle damage costs, you can write a letter to the insurance company of the person who caused the accident, and request the money. Include the police report proving the person who caused the accident was at-fault; a declaration sheet from your own insurance company showing your coverage; and an estimate of vehicle repairs and/or photos including the license plate. You have three years from the date of the car accident to file a mini tort lawsuit or collect your mini tort claim. After three years, your claim will be time-barred and you will be unable to collect your mini tort claim under Michigan law.

It’s Spring, There Is a Hail Storm – Hail Damage Repair Information

Luckily for car owners without garages, most hail storms do not cause body damage to cars until the hail is larger than ½ inch in diameter. Even then, it takes bigger hail than that to cause significant damage. The first thing that happens after a hail storm is car dealers offer Hail Sales and hail repair outfits pop up like mushrooms after a rain.

  1. Hail Sales offer damaged cars at prices well below book value. However, the real result is that car dealers simply make bigger commissions and sell more cars. Any car sold with unrepaired damage means that the damage was either too severe or too expensive to be worth fixing. Every car that a dealer can fix before sale with Paintless Dent Repair (PDR) will have been fixed already.
  2. Repainting a car after PDR or other hail damage removal adds extra costs. PDR works well for small dents where the dent has no cracked paint within the dent.
  3. Dents to large for PDR to repair must be handled at a conventional auto shop and the repairs will need to be painted and finished.
  4. Large or deep dents or those where the metal is very stretched or even cracked require a body shop repair job. Deep dents that break the paint will result in rust to the metal body of the car if left unrepaired.
  5. Some insurance companies pay car owners the amount on its estimate, regardless of whether the owner gets the repairs done or not. Keeping the insurance money without fixing it is legal but choosing to leave damage unrepaired can impact your ability to get full-coverage insurance on the car. It can also affect the amount you get for future repairs or similar damage since future occurrences will be excluded from the coverage.
  6. Having a car’s hail damage repaired using insurance money does result in the repair being listed on the CarFax vehicle report from that point onward. This helps insurance companies avoid bogus damage claims and also is used by car buyers to know the damage and repair history of their potential vehicle.
  7. Owners who choose to leave it unrepaired may find the cost of the hail damage deducted from damage claims later in the life of the car. Document any repairs to hail damage to ensure future claims are paid in full.
  8. If you own your car outright, you need to decide how long you plan to own the car and how important the repair is to you. If you have a car that has little value and plan to drive it until it dies, there is not much point in repairing hail damage.
  9. If you have an active loan on your car, your lien holder will probably require verification that the damage was fixed. In some cases, they might allow you to apply the hail damage repair check to the balance of your car loan.
  10. Get damage estimates and compare that with the claim payout offer minus your deductible before making a decision about filing an insurance claim.
  11. The insurance company may “total out” an older car with only relatively minor hail damage simply because the vehicle has less useful life remaining. Motorcycles can handle very little hail damage before insurance companies consider them a total loss.

When checking for hail damage or getting an insurance estimate, make sure to check windshields for cracks and chips. If glass is involved, get that repaired and make sure the permanent seals along windshield and rear window edges are properly repaired and set, too.