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  1. #1

    Default Filing Mini-Tort Claim in Michigan when Out of State

    My question involves an injury that occurred in the state of: Michigan.

    Does anyone have experience with collision damage to car with no injury and filing Mini-tort from out of state? I have a $750 deductible that Farmers will not try to pursue in Michigan due to no fault law. I am left on my own to try to recover. The at fault driver's insurance company will not respond to me or Farmers on claim. I suspect daring me to return to Michigan to file a min-tort and pursue process thus not having to pay. Any suggestions?

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Filing Mini-Tort Claim in Michigan when Out of State

    Were you insured in Michigan at the time of the accident? Uninsured drivers or drivers insured by non-Michigan policies, are not eligible for the state's no fault/minitort rules.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Filing Mini-Tort Claim in Michigan when Out of State

    Quote Quoting Patrick Koller
    View Post
    My question involves an injury that occurred in the state of: Michigan.

    Does anyone have experience with collision damage to car with no injury and filing Mini-tort from out of state? I have a $750 deductible that Farmers will not try to pursue in Michigan due to no fault law. I am left on my own to try to recover. The at fault driver's insurance company will not respond to me or Farmers on claim. I suspect daring me to return to Michigan to file a min-tort and pursue process thus not having to pay. Any suggestions?
    You shouldn't have to go to Michigan to just file and serve the lawsuit. Once you file and serve, the other party will have to respond himself or via his insurance company. No response and you get a default judgment that you can enforce with wage garnishment or bank account levy. If he's at fault he'll want his insurance to handle it which will likely result in getting your claim paid.

    If there is any question about fault and the insurance company decides to defend that's when you'll have to decide whether it's worth the hassle of going to Michigan for trial or just dropping it.

  4. #4
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: Filing Mini-Tort Claim in Michigan when Out of State

    Quote Quoting Patrick Koller
    View Post
    Does anyone have experience with collision damage to car with no injury and filing Mini-tort from out of state?
    My quick googling indicates that "mini-tort" is something unique to Michigan and is an exception to the "no-fault" regime that severely limits lawsuits arising out of auto accidents. Thus, unless someone here is from Michigan, no one here is going to have any experience with what you describe.


    Quote Quoting Patrick Koller
    View Post
    Any suggestions?
    I'm at a loss to understand what someone might suggest other than this:

    Quote Quoting Patrick Koller
    View Post
    return to Michigan to file a min-tort

    Quote Quoting Patrick Koller
    View Post
    and pursue process thus not having to pay.
    Huh?

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