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  1. #1
    Join Date
    Apr 2006

    Default Michigan No Fault Claims

    I was rear ended a couple of weeks ago. I was waiting for traffic to clear to take a left and a kid ran into me sending my car 50 ft down the road while my foot was on the brake. Luckily nobody was seriously injured. This accident was 100% his fault but since I live in Michigan I'm running into some problems. So far the insurance is paying for medical and car repair, but they only pay for $15 per day in a rental car - which is costing me $24 per day. I asked my insurance company if there is anyway I can get the rest of the rental covered by the other party and they said "no" because of MI no fault. By the time my car is repaired, the rental is going to cost me $200-$300 and it really upsets me because this accident was completely his fault. I realize that this is not a ton of money to some people, but we are struggling as it is and I would much rather spend this money on the basics of family life. I heard about a Michigan mini tort but know nothing about it, or if it can even help me...does anyone have any advise?

  2. #2
    Join Date
    Mar 2005

    Default Michigan Mini-Tort

    You can collect up to $500 in uninsured losses for damage to your car through the mini-tort law. Usually where your insurance company is handling a claim, they collect your deductible from the other driver's insurance company rather than making you pay, which exhausts your mini-tort claim.

    Quote Quoting MCL 500.3135
    (3) Notwithstanding any other provision of law, tort liability arising from the ownership, maintenance, or use within this state of a motor vehicle with respect to which the security required by section 3101 was in effect is abolished except as to:

    * * *

    (e) Damages up to $500.00 to motor vehicles, to the extent that the damages are not covered by insurance. An action for damages pursuant to this subdivision shall be conducted in compliance with subsection (4).

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