Who Pays to Fix My Car After a Michigan Accident?
After a Michigan crash, many drivers are surprised to learn their own no-fault insurance does not pay to repair their vehicle. No-fault covers your injuries, not your car. The one narrow way to recover money for vehicle damage from the driver who hit you is the “mini-tort,” a small claim written into एमसीएल 500.3135.
Why no-fault does not fix your car
Michigan’s no-fault system pays your personal injury protection (PIP) benefits after a crash, meaning medical care, lost wages, and related expenses. It does not pay to repair or replace your own vehicle. That leaves you with two ways to cover the damage to your car.
The first is your own collision coverage, if you carry it. Collision pays for your repairs regardless of who was at fault, but you pay your deductible out of pocket first. The second is the mini-tort, which lets you recover a limited amount directly from the driver who caused the crash.
What the mini-tort is
The mini-tort is a small property-damage claim you can bring against the at-fault driver even though most other lawsuits over a car are barred by no-fault. The law caps it and ties it to what your insurance did not already pay.
In plain terms, the mini-tort fills a gap. It does not stack on top of what your insurer already paid you. It reaches the part of your vehicle damage that no insurance policy covered.
What “not covered by insurance” means for you
How the mini-tort helps depends on the coverage you carry:
- You have collision coverage. Your own insurer pays the repair, and the mini-tort typically recovers your deductible from the at-fault driver, up to the $3,000 cap.
- You have no collision coverage. The mini-tort can recover your actual repair cost from the at-fault driver, still capped at $3,000, even if your bill is higher.
The 50 percent fault rule
The mini-tort is not automatic. Fault matters, and it can reduce or eliminate what you recover.
If you were partly to blame but 50 percent or less at fault, your recovery is reduced by your share. If you were, say, 30 percent at fault, a $3,000 claim drops to $2,100. If you were more than half at fault, you recover nothing under the mini-tort.
Where and when you file
The mini-tort was built to be handled without a courtroom battle. The statute directs these claims to the small claims division of the district court whenever possible, where the process is simple and designed for claims of this size. You bring the claim against the at-fault owner or driver.
When the mini-tort will not help
There are real limits, and it is better to know them before you count on the money.
- Your own car was uninsured. If your vehicle did not carry the insurance Michigan law requires at the time of the damage, MCL 500.3135(4)(e) blocks any mini-tort recovery.
- It only covers the vehicle. The mini-tort pays for damage to a motor vehicle. It does not pay for your injuries, and it will not reach beyond the $3,000 cap no matter how large your repair bill is.
- No identified at-fault driver. If you were hit by a driver who fled and cannot be found, there is no one to bring the mini-tort against. Different rules apply to hit-and-run situations.
| Vehicle damage question | Does the mini-tort help? |
|---|---|
| Your collision deductible after the other driver caused the crash | Yes, up to $3,000 |
| Full repair cost when you have no collision coverage | Yes, but capped at $3,000 |
| Your medical bills or lost wages | No, those are PIP benefits |
| Repair cost above $3,000 | No, the cap is firm |
| You were more than 50 percent at fault | No recovery |
| Your own vehicle was uninsured | No recovery |
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How much can I recover for my car damage?
Up to $3,000 for accidents after July 1, 2020, and only for the portion of your vehicle damage that insurance did not already cover. The cap is set by statute and does not move with the size of your repair bill.
Does the mini-tort pay for my injuries?
No. The mini-tort is only for damage to a motor vehicle. Your medical care and lost wages after a crash come through Michigan no-fault PIP benefits, which are a separate claim.
Do I need a lawyer to file a mini-tort claim?
The mini-tort is designed for the small claims process, which most people can handle on their own. If you were also injured, the injury side of your case is far more valuable and involves different rules, and that is where legal help usually matters most.
What if the driver who hit me had no insurance?
The mini-tort is a claim against the at-fault driver personally, so an uninsured at-fault driver can still owe you the damage. Collecting from someone with no insurance can be difficult in practice. The bar in the statute applies when your own vehicle was uninsured, not the other driver’s.
Dealing with vehicle damage and injuries after a Michigan crash?
Free consultation with Manny Chahal, no fee unless we recover, call 1-844-624-2425
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