The Michigan Mini Tort Provision allows you to file a claim against another driver if they are more then 50% at fault in an accident. You are only allowed to collect a maximum of $1000 for damages to your vehicle under the mini tort provision, so the rest is up to you if you don’t have collision coverage. If you are in a situation where you had to pay your deductible out of pocket, or didn’t have collision coverage on your vehicle and need to file a claim, here is how you do it.
First off, you are going to need 3 things to successfully file a claim against another driver that is insured. The first piece of information that you have to collect is the police report. This will accomplish a couple things. It will show that the other party was at fault and it also provides you the other parties insurance information.
Now that you have the police report, you need to get an estimate from a body shop showing the amount of damage incurred to your vehicle. The body shop will be able to provide an estimate, then print off a copy of it for you so that you can give this to the insurance company.
The last step is to call your insurance agent and get a copy of your declarations page for the vehicle that was involved in the accident and you are making the claim on. You need this to prove that you either didn’t have collision coverage on your vehicle, or you carry standard/basic collision. If you have broadened collision, you didn’t have to pay a deductible and aren’t able to make a mini tort claim. This would be double dipping due to the fact that your insurance company will file the claim and collect the money on your behalf.
Now that you have all the information you need, it’s time to look up the claims number of the company that they are insured with. This can be done doing a basic search of the companies name and then finding the claims section on there website. They will file a claim for you and then verify with there insured that they were at fault. If the other party agrees they were at fault, you should be able to receive your $500 within a couple weeks! If they don’t agree, then you have to fight them in small claims court. The other carrier doesn’t have to pay out unless there insured agrees that they were at fault and gives them permission.
If you end up in small claims court due to the person that caused damages to your vehicle either denying the claim, or not having insurance, your up for a difficult battle in most cases. This can take time and even if you win your case, the other person has to come up with the money to pay you. If this is your case, we wish you the best of luck and hope that you are able to get your $1000 back!
Follow this simple process to filing a mini tort in Michigan. You can either print this page off as a reference, or write down the 3 points. 1. Get a police report. 2. Get an estimate from a body shop. 3. Have your agent/company send you a copy of your declarations page. Good luck and thanks for visiting MyMichiganInsurance.Com!
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