Under Michigan’s No-fault insurance laws, a person involved in car accident in Michigan is generally covered under their own insurance policy for 1st Party or Personal Injury Protection (PIP) cases. This means that your insurance is supposed to pay the benefits under your policy for your injuries even if you didn’t cause the accident.
Same generally applies for property damage. If you are rear ended by another vehicle and the other person caused the car accident in Michigan, your policy is supposed to take effect to pay for the property damage. This means that if you only have liability coverage and someone else causes the accident, then you are out of luck because the insurance company will not pay to repair your car. That is one of the reasons I tell people to get full or comprehensive coverage in Michigan. The Michigan No-Fault Act has some interesting and sometimes silly rules to it.
So what about the “mini tort”? What is the “mini tort” in Michigan?
The “mini tort” is a general exception to the rule that the other driver doesn’t pay for your damages. Mini tort is limited to $1,000 if you could prove that the other party caused the damage to your vehicle. It is meant as a way to get back your basic out-of-pocket expenses due to the accident caused by another person. If you have comprehensive coverage, then this should cover your deductible up to $1,000. If you had only liability insurance, then this would cover your repair bills, towing expenses, or things you can reasonably relate as an out-of-pocket expense due to an accident caused by someone else.
If you are involved in a car accident in Washtenaw, Wayne, Livingston, Jackson, Lenawee, or Oakland Counties, even if you caused it, call me for a free consultation. I will help you understand your options and whether you have a case. If you hire me, I only get paid if you receive a settlement or verdict.
