A Michigan mini-tort claim lets you recover up to $3,000 of vehicle damage that your insurance didn't pay, usually your collision deductible, from the driver who caused the crash. It applies to accidents after July 1, 2020, under MCL 500.3135(3)(e). You can't recover if you were more than 50% at fault. Start with a written demand to the at-fault driver. If no one pays, file in small claims court.
Why Michigan Has a Mini-Tort Law
Michigan is a no-fault state. Your own insurance pays for your injuries and, if you carry it, your own collision coverage pays to fix your car, no matter who caused the crash. The trade-off is that you generally can't sue the other driver for vehicle damage. (For the full picture, see who pays for car damage under Michigan no-fault.)
That leaves a gap. If you weren't at fault, you still might pay a deductible, or the whole repair if you don't carry collision coverage. Mini-tort is the exception that closes the gap. It lets you go after the at-fault driver for the uncovered part, up to a cap. The cap was $1,000 for years. For crashes after July 1, 2020, it is $3,000.
Do You Qualify?
You likely have a mini-tort claim if all of these are true:
- The other driver caused the crash, and you were not more than 50% at fault. Damages are assessed on comparative fault, so partial fault can reduce what you recover.
- Your vehicle was insured as Michigan law requires. The statute bars recovery for a vehicle being driven without the required coverage.
- You have vehicle damage insurance didn't cover, such as your deductible or repairs you paid yourself.
- The crash happened in Michigan after July 1, 2020, for the $3,000 limit.
Mini-tort usually doesn't apply when:
- Your car was properly parked when it was hit. The at-fault driver's property protection insurance (PPI) handles that under MCL 500.3123.
- You were more than 50% at fault.
- The damage came from a deer, hail, or another non-collision event. There's no at-fault driver. That's a comprehensive claim. See what to do if you hit a deer.
- Your insurer already paid the full repair with no deductible, for example under broad form collision when you weren't substantially at fault.
What You Can Recover, by Coverage Type
How much mini-tort is worth to you depends on the collision coverage on your own policy. Check your declarations page. It will say limited, standard, broad form, or show no collision coverage at all.
| Your collision coverage | What your insurer pays (not at fault) | Typical mini-tort claim |
|---|---|---|
| Broad form | Repair cost, deductible waived | Usually none needed |
| Standard | Repair cost minus your deductible | Your deductible |
| Limited | Repair cost with no deductible when you're not substantially at fault | Usually none needed, unless your policy terms leave a gap |
| No collision coverage | Nothing for your car | Your repair cost, up to $3,000 |
Without collision coverage, mini-tort tops out at $3,000 even if the repair costs $8,000. The rest is yours to pay. That's the main reason a Michigan driver with a newer or financed car should carry collision coverage. Ask us for a written estimate before you decide how to handle a large repair.
How to File a Mini-Tort Claim, Step by Step
- 1Get the police report.
The traffic crash report lists both drivers, their insurers, and usually the officer's view of how it happened. Michigan requires a police report for any crash with injuries or about $1,000 or more in damage, which covers nearly every collision today. If you're still at the scene, start with our after-accident checklist.
- 2Get the car repaired and keep every document.
You need the itemized estimate, the final invoice, proof of payment for your deductible or repair, and damage photos. A clear invoice is the single most persuasive document in a mini-tort claim.
- 3Send the at-fault driver a demand letter.
Keep it short: crash date and location, the police report number, the amount you're claiming, and copies of the invoice and photos. Ask the driver to forward it to their auto insurer and give a deadline, such as 30 days.
- 4Work with their insurer if it calls.
Many Michigan policies cover mini-tort claims, so the other driver's insurer often pays without a fight. Send it the same documents and write down every call: date, name, and what was said.
- 5File in small claims court if no one pays.
File in the district court where the crash happened or where the driver lives. The statute directs mini-tort cases to small claims when possible. Michigan's small claims limit is $7,000 under MCL 600.8401. Lawyers can't represent either side there, and the filing fee is modest.
- 6Don't wait.
Michigan generally gives you three years to sue for property damage. Claims are much easier while the crash is recent and the other driver's insurance information is current.
- The police report and report number
- The itemized repair estimate and final invoice
- Proof of what you paid (deductible receipt or payment record)
- Damage photos from the scene and from the shop
- Your demand letter and any reply from the driver or insurer
- Names and contact information for any witnesses
How Commerce Collision Helps
We don't give legal advice, but we do produce the paperwork a mini-tort claim depends on. Every repair at Commerce Collision comes with an itemized estimate, a final invoice that shows exactly what you paid, and damage photos taken before teardown. If your insurer pays the repair, we work with your adjuster directly. You choose the shop, not the insurer. See your right to choose a body shop in Michigan.
Repairs are overseen by Sam Behnam, a Michigan State Certified Master Auto Mechanic (#1304862). We're a registered Michigan Motor Vehicle Repair Facility (F173359) in Commerce Township, serving Walled Lake, West Bloomfield, Wixom, and White Lake, and we're open Saturdays.
Frequently Asked Questions
What is a mini-tort claim in Michigan?
A mini-tort claim lets a Michigan driver recover vehicle damage that insurance did not pay for, most often the collision deductible, from the driver who caused the crash. For accidents after July 1, 2020, the limit is $3,000 under MCL 500.3135(3)(e).
How much can I recover with mini-tort?
Up to $3,000 of vehicle damage that was not covered by insurance. If you had collision coverage, that is usually your deductible. If you had no collision coverage, it can be your repair cost up to the $3,000 limit.
Who qualifies for a Michigan mini-tort claim?
You must not be more than 50% at fault, your vehicle must have been insured as Michigan law requires, and the damage must be something your own insurance did not cover. Damages are assessed on comparative fault, so a driver who is partly at fault may recover a reduced amount.
Does the at-fault driver pay mini-tort out of pocket?
Often not. Many Michigan auto policies include coverage for mini-tort claims, so the usual first step is a written demand to the at-fault driver that they forward to their insurer. If no one pays, you can file in small claims court.
How long do I have to file a mini-tort claim?
Michigan generally allows three years to sue for property damage. Do not wait that long. Records, witnesses, and the other driver's insurance information are all easier to get in the first few weeks.
What if my car was parked when it was hit?
Damage to a properly parked vehicle is handled differently. The at-fault driver's property protection insurance (PPI) can pay for it under MCL 500.3123, so mini-tort is usually not the route for a parked car.
Can Commerce Collision help with my mini-tort claim?
Yes. We provide the itemized repair estimate, the final invoice showing what you paid, and damage photos. That is the documentation the at-fault driver's insurer or a small claims judge will ask to see. We do not give legal advice.
Wasn't Your Fault? Get It Documented.
Get a free, itemized estimate you can use with your insurer and the at-fault driver. We'll work with the adjuster, help arrange a rental, and coordinate towing if you need it.
3080 Oakley Park Rd, Commerce Township, MI 48390 · Open 6 days including Saturdays · 24/7 towing available
Sources
- Michigan Legislature — MCL 500.3135, tort liability and mini-tort damages
- Michigan Legislature — MCL 500.3123, property protection insurance exclusions (parked vehicles)
- Michigan Legislature — MCL 600.8401, small claims jurisdiction limit
- Michigan Department of Insurance and Financial Services (DIFS) — auto insurance consumer help
This article is general information for Michigan drivers, not legal or insurance advice. Coverage depends on your specific policy — confirm details with your agent.
About the Author
Wesam "Sam" Behnam
Michigan State Certified Master Auto Mechanic (Cert. #1304862)
Certified in Unitized Body Structural Repair & Collision-Related Mechanical Repair. Sam leads the repair team at Commerce Collision in Commerce Township, MI.