Limited Property Damage
Limited Property Damage/Mini-Tort
The limited property damage liability, or “Mini-Tort,” provision of the no-fault law creates a situation in which you can sue or be sued. Under “Mini-Tort,” if you are 51% or more at fault in an accident, and damages to the other driver’s car are not completely covered by his or her insurance, you may be sued and may have to pay up to $3,000 in damages. If your policy has Limited Property Damage/Mini Tort coverage your policy will cover these damages. If the other driver is 51% or more at fault in an accident, then you may be able to recover damages from the other driver’s insurance policy for mini tort if they have purchased coverage on their policy. If the other driver doesn’t have Mini Tort Coverage you would need to sue the other driver for up to the $3000 in damages to your car and take them to small claims court.
For example, if you have standard/regular collision with a $100 deductible and are involved in an accident for which you are less than 51% at fault, you can collect on the other driver’s insurance for your deductible. If you have liability only on your insurance policy with no collision coverage and the other driver is 51% or more at fault, then you can collect up to $3000 for your damages. If the insurance doesn’t pay, then you can sue the other driver to recover your deductible or damages up to $3000 by taking them to small claims court.
If you wish to pursue a Limited Property Damage/Mini-Tort claim, please follow the following steps:
- Collect the police report from your accident.
- Collect declaration sheet for your auto.
- Get a repair estimate of your vehicle from a certified mechanic.
- Take photos of your damaged auto with the license plate on it to confirm the auto is yours and the one stated in the declaration sheet.
- Send all of this information to the other party’s insurance provider.
- If other party’s insurance doesn’t pay then you would need to take them to small claims court.
Please note, the other party must be 51% or More at Fault in order for you to sue them under Limited Property Damage/Michigan Mini Tort.
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