How to hold a driver responsible for vehicle damage under the Michigan mini tort
If the at-fault driver who damaged your car refuses pay on your mini tort claim, then you have two options for holding the driver accountable: (1) file a claim with his or her auto insurer if he or she has limited property damage coverage or (2) file a mini tort lawsuit against the driver in small claims court.
Under Michigan’s mini tort law, car accident victims can recover a maximum of $3,000 for vehicle damage that is not otherwise covered by insurance from the at-fault driver who caused the crash. (MCL 500.3135(3)(e)) This is called a mini tort claim.
The mini tort is a great way to recoup the first three thousand dollars for your vehicle damage if someone else causes a car accident and leaves your car damaged.
What happens if my Michigan mini tort claim is denied?
In Michigan, if the at-fault driver denies your mini tort claim by refusing to pay, then you may be able to file a mini tort claim with his or her auto insurer if the policy includes “limited property damage” coverage. If the insurer denies your claim, then you can file a mini tort lawsuit in small claims court.
Unfortunately, if the small claims court judge rules against you in your lawsuit, you cannot appeal the ruling to a higher court. Michigan law provides that all parties to a case brought in the small claims division “shall be considered to have waived . . . any right of appeal.” (MCL 600.8408(4); 600.8412; 600.8427 (“Further appeal from the judgment of the district court judge shall not be available to either party.”))
What if the driver who caused the crash refuses to pay?
Unfortunately, this happens all the time. But you do not have to call a car accident lawyer. In fact, unless someone is seriously hurt, I usually advise them they don’t need to call an attorney at all. And the mini tort is a great example of this.
In Michigan, if the at-fault drivers’ insurance company denies your mini tort claim, it may be because the driver did not purchase mini tort or “limited property damage” coverage or because the other driver has reported that the crash was caused by you and you are at fault (yes, I see this all the time as well).
If this happens, you can contact the owner of the vehicle and request he pay you directly, or you can file a claim in small claims court. These courts have limited jurisdiction, but the mini tort does fall under this jurisdiction.
Here’s a blog post on the exact steps involved in how to file in small claims court in Michigan: How to litigate a mini tort lawsuit in small claims court.
If the at-fault driver was uninsured, your damages may be unlimited
There is some good news in all this: If the owner of the car that caused the car accident that damaged your car or truck was not insured, than he or she is responsible for the full amount of vehicle damage, and the $3,000 mini tort cap does not apply.
In other words, the protections afforded to people under the mini tort for driving with insurance (i.e., having their liability for vehicle damage capped at $3,000) will NOT apply to an uninsured driver.
If your vehicle damage exceeds $7,000 (which is the jurisdictional limit in small claims court), you must remove your claim and file a lawsuit in district court.
For more information, take a look at our mini tort FAQs.
Has your Michigan mini tort claim been denied or the at-fault driver refuses to pay? Call the attorneys at Michigan Auto Law now!
If your mini tort claim has been denied or the at-fault driver refuses to pay the claim, call Michigan Auto Law now (888) 255-4312 for a free consultation with an experienced car accident lawyer from our law firm. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.
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