How To File Small Claims Court For Auto Accident in Michigan

Key Takeaways:

• The Michigan no-fault insurance law does not provide compensation for some car accident damages.
• Accident victims can file mini tort claims to recover compensation for vehicle damage repair costs.
• Your case must meet specific requirements to qualify for a mini-tort claim. For example, you cannot be more than 50% at fault for the accident.
• The maximum recovery for a mini-tort claim is $3,000.
• You can file a mini-tort claim with the at-fault driver’s insurance company.
• If the at-fault driver does not have collision insurance coverage, you might have to file a mini tort claim in small claims court.
• Mini-tort claims are not available for motorcycle accidents.
• The fee to take someone to small claims court in Michigan will depend on the total amount you seek to recover, but you may qualify for a fee waiver.

Drivers involved in car accidents need to understand Michigan’s mini-tort law, especially if they plan to seek compensation for vehicle damage that isn’t covered by insurance. This law is intended to provide relief for Michigan car accident victims. Unfortunately, it can often be challenging to navigate. If someone doesn’t navigate these procedures correctly, they could forfeit a rightful claim and face more financial stress.

A car accident attorney who understands the Michigan mini-tort law can provide valuable legal advice and guidance through the claims process, helping drivers effectively pursue the maximum recovery they deserve. Matz Injury Law has extensive experience with mini-tort claims and is available to help you today.

Does No-Fault Insurance Pay For My Car Repairs After a Michigan Car Accident?

While you may rely on your insurance policy, believing it covers everything, your Michigan no-fault insurance does not cover property damage to your car. It only covers personal injury. This realization can be problematic if you rely on your vehicle for transportation, especially if you have no other way to pay for repairs or replacements.

As such, following any car accident, it is essential to understand who is liable for property damage costs. Under your insurance policy, you likely have collision coverage that pays for the repairs to your vehicle following a crash. If the other driver is at fault for hitting your car, such as when it is legally parked, their auto insurance company is liable for property damage costs. However, the maximum amount may not cover all damages.

Can I Sue the Other Driver For Property Damage in a Michigan Car Accident Case?

While the other driver may be liable for the accident, payment by their insurance company is not guaranteed. You must be less than 50% at fault for the accident to be able to collect compensation. Michigan adheres to the comparative fault principle, allowing for the reduction of damages depending on the percentage of fault that is assigned to you for the accident.

This assignment of fault can prevent you from filing a lawsuit against the other driver for property damage in your Michigan car accident case. If you are less than 50% responsible, you may be able to sue.

_{To determine your available options, seek out legal advice from a dedicated car accident attorney.}

What is a Michigan Mini Tort Claim?

You may not realize it, but you are responsible for purchasing collision coverage if you want help paying for repairs to your vehicle after a crash. Please don’t think that the other driver has to pay for all of your repairs just because the other driver was at fault! Not true! Here are some quick facts about what we call the Michigan “mini-tort” (limited collision damage claim against the other driver):

• You can’t be more than 50 percent responsible for the crash.
• The most you can get from the other driver, or their auto insurance, is $1000.
• If the other driver is at fault, but has no insurance, you can sue the owner/driver in small claims court (your local district court), but you have to pay for the filing fee and to try to collect from the other person if you win.
• You can only claim expenses up to $1000 that you actually suffered, such as a deductible that was charged to you on your repair bill.
• Motorcycles are not eligible for mini-tort.
• Expenses such as for a rental car while your vehicle is being fixed are not eligible.
• Loss of personal property damaged in the collision is not eligible.
• You can’t claim the mini-tort against the other driver if you did not have basic no-fault coverage on your vehicle (that’s the coverage sometimes called “PL/PD”—it’s the mandatory minimum coverage and is different from collision coverage). Remember that it is illegal to drive without PL/PD.
• These rules may not apply if your vehicle was legally parked when it was hit by a vehicle you can identify.
  • View MCL 500.3123(1)(a) for more detail.

Many drivers of older vehicles obey the law by purchasing no-fault coverage but choose not to buy collision coverage, figuring that this optional coverage is more expensive than fixing their vehicle would be worth. That’s a gamble you can take but remember, in most situations, the most you are going to get from the other driver is $1000—and that’s only if they were 50 percent or more at fault.

Recent Changes to Michigan’s Mini Tort Laws

Laws are occasionally modified, and this was the case for mini torts in Michigan recently. In 2020, the amount recoverable when suing for car accident property damage increased from a maximum of $1,000 to a maximum of $3,000. This new amount applies to all vehicle accidents occurring after July 1, 2020 resulting in property damage.

What is the Difference Between a Michigan Mini-Tort and a Regular Tort?

“Tort” is a legal term that refers to personal injury claims. There are three kinds of tort claims:

• Intentional torts: Acts committed with the intent of causing someone harm, such as assault or defamation
• Negligence: Injuries caused by someone’s failure to follow a duty of care, such as a driver’s duty to drive carefully and obey traffic laws
• Strict liability: Automatic liability for injuries, such as the production and sale of a defective or dangerous product

With most tort claims, a person can claim a wide range of damages, including medical expenses, lost wages, and pain and suffering. Even under the Michigan no-fault insurance law, accident victims can recover a wide range of damages from their own insurance companies. Mini-torts only allow recovery of a limited amount for property damage.

Basic Rules of Michigan Small Claims Court

Your mini tort will be brought before the Michigan small claims court, which handles cases with potential monetary awards of up to $6,500. For these smaller claims, you must represent yourself. You will need to prepare ahead of time and be able to confidently tell the magistrate or judge why you should receive the amount requested in your claim. In addition, you will need to present convincing evidence on your behalf. To get started, you will file an Affidavit and Claim form and pay the filing fee. The fee varies based on the value of your claim.

Maximum Compensation

In cases where your auto insurance does not cover damages, you may be awarded up to $3,000.

Where to File

You can either file your mini tort in the small claims division of the district court where the person you are suing lives or in the city where the breach of agreement or injury happened. There is a filing fee. The complaint can be served to the defendant in person or by certified mail sent by the clerk of the court.

Court Date

You will receive a hearing date that can vary from about two weeks to about two months after the complaint is served.

Attorneys

No attorneys are allowed to represent the parties. However, you can speak to a lawyer before your case for legal advice and assistance in preparing your claim.

Transfer of Case

If either party wants to ask the court to transfer the case to the general civil division, the court will do that. This would happen, for example, if the defendant wants to protest the suit and use a lawyer or if the plaintiff discovers that the actual financial loss is more than $3000 but less than $25,000.

Appeals

Appeals are only allowed if a district court magistrate hears the case. In that case, there is a seven-day appeal period.

Collecting the Money

If the plaintiff wins a judgment, it is up to the plaintiff to take further legal steps to collect the money at their own expense. There is no guarantee that attempts to collect the judgment will be successful. Hiring an attorney to attempt collection is entirely up to you.

How to File in Small Claims Court After a Michigan Car Accident

To file in small claims court following an auto accident, you need to take certain steps to build your case.

1. Get the Necessary Information From the At-Fault Driver

At the scene of the accident, be sure to obtain important information from the at-fault driver. This includes their full name, contact information, and insurance details (auto insurance company name and policy number).

2. Get a Copy of the Traffic Crash Report

Following your accident, responding law enforcement creates a traffic crash report. You will need to get a copy of this document for your claim. It can take three to 30 days for this report to be processed, but once it is available, you can purchase a copy online. As of October 1, 2023, this report costs $15.

3. Gather Evidence

To prepare your case, spend time gathering evidence. This evidence includes estimates for your car repairs, eyewitness contact information and testimonials, and any photos and videos of the accident and resulting damages.

4. Get a Copy of Your Insurance’s Declarations Page

Next, obtain a copy of your insurance’s declarations page. This page is usually one to two pages long and summarizes what coverages, deductibles, and limits are included in your chosen policy. This summary document proves that you have auto insurance, whether collision insurance is included, and what any deductible may be.

5. Notify the At-Fault Driver’s Insurance

Once you have compiled evidence, notify the at-fault driver’s insurance company, alerting them to your claim. The court will do this for you. Ask them to send it by certified mail and request a return receipt so you have proof of service.

More Information About Michigan Mini Tort

You may not realize it, but you are responsible for purchasing collision coverage yourself if you want help paying for repairs to your vehicle after a crash.  Please don’t think that the other driver has to pay for all of your repairs just because the other driver was at fault! Not true!  Here are some quick facts about what we call the Michigan “mini-tort” (limited collision damage claim against the other driver):

• You can’t be more than 50% responsible for the crash
• The most you can get from the other driver, or their auto insurance, is $1000
• If the other driver is at fault, but has no insurance, you can sue the owner/driver in small claims court (your local district court), but you have to pay for the filing fee and to try to collect from the other person if you win
• You can only claim expenses up to $1000 that you actually suffered, such as a deductible that was charged to you on your repair bill
• Motorcycles are not eligible for mini tort
• Expenses such as  for a rental car while your vehicle is being fixed are not eligible
• Loss of personal property  damaged in the collision is not eligible
• You can’t claim the mini tort against the other driver if you did not have basic no-fault coverage on your vehicle (that’s the coverage sometimes called “PL/PD”—it’s the mandatory minimum coverage and is different from collision coverage). Remember that it is illegal to drive without PL/PD
• These rules may not apply if your vehicle was legally parked when it was hit by a vehicle you can identify. MCL 500.3123(1)(a)

How a Michigan Car Accident Lawyer Can Help

Following a car accident, the days ahead can be stressful and overwhelming. You need to take steps that will benefit you the most. A Michigan car accident lawyer can provide the following:

• Advise you on your mini-tort case
• Assist you in assembling evidence and communicating with insurance for mini-tort and no-fault insurance coverage
• Help with mediation and settlement out of court
• Assist you with any personal injury suits arising from your car accident

_{To find out more, start with a free consultation to understand your options and how to proceed.}

Why Clients Choose Matz Injury Law

Matz Injury Law has decades of experience with Michigan car accident cases. Steven Matz has practiced law for more than forty years. In that time, he has held multiple leadership positions in legal organizations. He regularly publishes and speaks on topics like personal injury law and trial tactics.

Jared Matz began receiving an education in personal injury law at a very early age. He spent years fighting for property owners’ rights before joining his father in the fight for the rights of accident victims.

Recent Client Testimonials

We put our all into every attorney-client relationship and care about the outcome of your case. Hear what one of our clients has to say about their experience with our law firm.

“I reached out to Steve after my car accident and even without paying him he was there for me. Offered me advice and told me everything I needed to know about what my insurance company owed me. He cares about people and it shows!” — Kyanna W.

“For anyone looking for an attorney, please look no further than Matz Injury Law!! Not only was Jared professional, he helped me beyond what I could have asked for. I’m so thankful for you all!!! To say I’m appreciative and grateful is an understatement. There’s no need to look for any other attorneys for [your] auto accidents!! They are so wonderful!!! Highly recommended 10/10!!!!!” — Tessa C.

Recent Settlements

• $3.45 Million Settlement in Genesee County
  • $3.45 million settlement against a cement company whose truck crossed a center line causing three deaths and severely injuring a 4-year-old boy. The settlement was $450,000 in excess of available insurance.
• $1.74 Million Settlement Awarded In Calhoun County Collision
  • $1.74 million settlement against a 19 year-old driver and the fraternity where he was drinking immediately prior to a head on collision that killed a 52 year-old husband and father of 3 children.

Make Your Recovery a Reality

Following a car accident, you need to know your rights and options, including filing a mini tort claim. Make your recovery a reality by seeking the help of experienced car accident and personal injury attorneys with Matz Injury Law in Michigan today! Call 1-866-22Not33 to request a free consultation, or contact us using our online contact form.