Mini-tort or (limited property damage liability) is a provision under Michigan's no fault law.
Under this provision if you are 50% 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 $500 in damages. This also means that you may sue the other driver for damages to your car which are not covered by your insurance if the other driver is 50% or more at fault.
A lawsuit made under the mini-tort provision will usually be made in a small claims or municipal court. Either party can ask to have the case moved to a higher court, but the person who asked to have the case moved will be responsible for the additional court costs and the judgment will not be higher than what would have been paid out in the lower court.
Damages will be awarded based on the amount or percentage at fault. For example if the damage is $500 and the other party is 60% at fault he or she will have to pay $300 to the other driver. Insurance companies will usually provide coverage for "mini-tort" as an optional coverage called limited property damage liability or the other party can elect to pay out of pocket.
Filing a mini-tort claim is an easy process usually you will need 3 things to make claim.
The first step is to get an estimate from a body shop, you have to prove to the insurance company that you have damages. If the damages are less than your deductible the insurance company will pay the lesser amount.
The second step is you will need a copy of your declarations page to show the insurance company what your deductible is. The insurance company will pay the lesser of your deductible or damages not to exceed the $500 max.
The third step is to get a copy of the police report. The other insurance company will want a copy to verify who was at fault and in Michigan the insurance information from the other party will be listed on the police report.
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