Another driver hit your car in Michigan, and now you’re facing a repair bill or a collision deductible for a crash you didn’t cause. It’s normal to feel stuck paying for someone else’s mistake. The plain answer: for crashes after July 1, 2020, a Michigan mini-tort claim lets you recover up to $3,000 from the at-fault driver for vehicle damage insurance doesn’t cover, such as your deductible (MCL 500.3135(3)(e)). You can’t recover it if you were more than 50% at fault, and the case usually goes to small claims court, where you present it yourself.
The hard part is usually the process, not the law: unless the other driver bought optional mini-tort coverage, no insurer owes this money, so it’s up to you to collect it. Here’s how.
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What is a Michigan mini-tort claim?
A mini-tort (sometimes spelled “minitort”) claim asks the driver who caused a crash to pay for damage to your vehicle that insurance doesn’t cover. For crashes after July 1, 2020, the limit is $3,000; for crashes on or before that date, it’s $1,000 (MCL 500.3135(3)(e)).
A tort is a wrong you can sue someone over. Michigan’s no-fault law does away with most crash lawsuits but keeps this one for vehicle damage (MCL 500.3135(3)). It matters because no-fault insurance, yours or the other driver’s, doesn’t pay to fix your car unless it was properly parked. Only your own collision or comprehensive coverage does, if you bought it (Michigan Department of Insurance and Financial Services, or DIFS).
Injuries are handled separately: see Michigan no-fault (PIP) benefits, claims against the at-fault driver, our guide to Michigan personal injury law and our vehicle accident guides.
Who can file a mini-tort claim in Michigan?
You can file if your vehicle was damaged in a Michigan crash, you were 50% at fault or less, and part of the damage isn’t covered by insurance. You can’t if your vehicle was being driven without the no-fault insurance Michigan requires (MCL 500.3135(3), (4)(a), (4)(e)).
The mini-tort also covers only a “motor vehicle,” a term the no-fault act defines to exclude motorcycles (MCL 500.3101(3)(i)); riders should see our Michigan motorcycle accident guide.
What if your car was parked?
Then the property protection insurance (PPI) of the vehicle that hit it pays instead, whoever was at fault and without the $3,000 cap, if your car was parked in a way that didn’t create an unreasonable risk of the damage (MCL 500.3121(2), (5), 500.3123(1)(a)). Claim it from that vehicle’s insurer (MCL 500.3125), and if it isn’t paid, sue within one year of the crash (MCL 500.3145(5)).
What if the at-fault driver had no insurance?
The no-fault limits on lawsuits, including the $3,000 cap, protect owners and drivers of vehicles that had the no-fault insurance Michigan requires (MCL 500.3135(3)). What counts is whether the vehicle was insured, not the driver. If the vehicle that hit you was uninsured, those limits may not apply, and you may be able to claim all of your vehicle damage. Get advice before you file.
How does fault affect a Michigan mini-tort claim?
Your share of the fault reduces what you recover, and if you were more than 50% at fault, you recover nothing (MCL 500.3135(4)(a)). You don’t have to be blameless: at 50% or less, you still recover a reduced amount.
This is called comparative fault. If your uncovered damage is a $1,000 deductible:
| Your share of the fault | What you can recover |
|---|---|
| 0% | $1,000 |
| 20% | $800 |
| 50% | $500 |
| More than 50% | Nothing |
If fault is disputed, the small claims judge or magistrate decides it. See how comparative fault works in Michigan.
How does the mini-tort work with collision coverage and your deductible?
If you have collision coverage, the mini-tort recovers what that coverage left you to pay, usually your deductible. If you don’t, it can recover the repair cost itself, up to $3,000 (DIFS).
Collision coverage is optional insurance for damage to your own car, and the deductible is the share of the bill you pay first (DIFS). Insurers must offer new applicants limited collision, which pays with no deductible, and broad form collision, which waives its deductible, when the driver wasn’t “substantially at fault” (more than 50% of the cause). Standard and limited coverage can also carry deductibles (MCL 500.3037(1), (2), (8)(b)). How each fits with the mini-tort:
| Your collision coverage | What it pays if you were 50% at fault or less | What’s left for the mini-tort |
|---|---|---|
| None | Nothing toward your car | The repair cost, up to $3,000 |
| Standard | The repairs, minus your deductible | Your deductible |
| Broad form | The repairs, deductible waived | Usually nothing |
| Limited | The repairs, with no deductible unless your policy has one | Usually nothing, or your deductible |
Does the at-fault driver’s insurance pay a mini-tort claim?
Only if the driver bought optional limited property damage coverage, often called mini-tort coverage. The liability insurance every Michigan driver must carry doesn’t have to cover the mini-tort, so without that option the driver owes the money personally (MCL 500.3135(4)(b); DIFS).
Mini-tort liability “is not a component of residual liability,” the liability coverage every Michigan policy must include (MCL 500.3135(4)(b), 500.3101(2), 500.3131). DIFS calls limited property damage coverage “an optional liability coverage” and says most insurers offer it.
So send your claim to the driver’s insurer too: the police crash report, called the UD-10, records each vehicle’s insurer and policy number (Michigan State Police). If it comes to court, you sue the driver, not the insurer (MCL 500.3030), and the owner can be liable too if they let the driver use the car (MCL 257.401(1)).
How do you file a mini-tort claim in Michigan?
Start by asking the at-fault driver, in writing, to pay your uncovered damage, with a copy to their insurer. If you aren’t paid, file in small claims court, where a mini-tort case must go whenever legally possible (MCL 500.3135(4)(c)).
Gather your paperwork
- The crash report: $15 through the State Police’s Traffic Crash Purchasing System as of September 2026, usually ready 3 to 30 days after the crash (Michigan State Police).
- Proof of the damage: the repair estimate or invoice, and photos.
- Proof of what insurance paid: your insurer’s payment statement, or your declarations page.
Send a mini-tort demand letter
The mini-tort law doesn’t require a letter first (MCL 500.3135(4)), but one gives the driver, or their insurer, a chance to pay without court. Keep it factual, leave out injuries, don’t admit fault, and send it by certified mail or another way you can prove.
Sample mini-tort demand letter
[Date]
To: [Driver’s name and address], with a copy to [driver’s insurer], policy no. [from the crash report]
Re: Mini-tort claim, crash on [date] at [location], crash report no. [number]
Dear [name]:
On [date], the vehicle you were driving hit my [year, make and model] at [location]. [One or two plain facts about how it happened.]
For crashes after July 1, 2020, Michigan law allows recovery of up to $3,000 from the at-fault driver for vehicle damage not covered by insurance (MCL 500.3135(3)(e)). My uncovered damage is $[amount]: [my collision deductible / my repair cost, because I don’t carry collision coverage]. Copies of [the repair invoice, my insurer’s payment statement and photos] are enclosed.
Please pay $[amount] by [date]. If you have limited property damage (“mini-tort”) coverage, please forward this letter to your insurer. If I’m not paid by then, I plan to file a claim in the small claims division of the [name] District Court.
Sincerely, [your name, address, phone number and signature]
The mini-tort law sets no deadline for an answer, so pick a reasonable date, such as 30 days out. If you were hurt, make sure anything you sign covers only your vehicle damage, because a signed release generally ends the claim it covers (Cornell Law School’s Legal Information Institute).
How does small claims court work for a mini-tort case?
Small claims court is a division of your district court that hears cases up to $7,000, as of September 2026 (MCL 600.8401). It’s informal, and lawyers can’t represent either side, so you present your own case (MCL 600.8408(1), 600.8411(2)).
- Where: the district court where the crash happened, or where the driver lives or works (MCL 600.8415).
- How: a sworn form called an affidavit, which the clerk must fill out for you if you ask (MCL 600.8402(1), 600.8403).
- Cost, as of September 2026: a filing fee of $25 (claims up to $600), $45 (up to $1,750) or $65 (above that), plus a $5 electronic filing fee and postage (MCL 600.8420, 600.1986(1)(d); Michigan Courts). If you win, you’re entitled to your costs (MCL 600.8421).
- Notice: the clerk mails the papers by certified mail, or they’re delivered in person, and the hearing is 15 to 45 days later (MCL 600.8405, 600.8406(1)).
- The hearing: there’s no jury, and the usual rules of evidence don’t bind the judge (MCL 600.8411(2)). Bring your repair records, insurance statements, photos and witnesses (MCL 600.8404(1)(b)).
- Moving the case: before trial, either side can move it to the general civil division, where lawyers can take part (MCL 600.8408(4)). A side that removes a mini-tort case to a higher court and loses may have to pay costs (MCL 500.3135(4)(c)).
- What you give up: a lawyer, a jury and an appeal, except that a magistrate’s decision can be appealed to a judge within 7 days (MCL 600.8412, 600.8427).
- Other claims: the decision doesn’t settle any other claim from the crash, such as an injury claim (MCL 500.3135(4)(d)).
Were you also hurt in the crash? That's a separate claim with its own deadlines. Get a free case review. Four quick questions, no cost, no obligation.
What is the deadline for a Michigan mini-tort claim?
You have three years from the crash to file, the ordinary deadline for a lawsuit against the driver who caused a crash (MCL 600.5805(2)). Miss it, and you generally lose the right to sue (MCL 600.5805(1)).
| Claim | Deadline | Law |
|---|---|---|
| Mini-tort against the at-fault driver | 3 years from the crash | MCL 600.5805(2) |
| Parked car: lawsuit for unpaid PPI benefits | 1 year from the crash | MCL 500.3145(5) |
| Claim against the State of Michigan, for example if a state-owned vehicle hit you | Written claim or notice filed with the Court of Claims within 6 months | MCL 600.6431(4) |
The old $1,000 limit rarely matters now: for crashes on or before July 1, 2020, the three years generally ran out by July 2023. See every Michigan injury deadline in one place.
What if the at-fault driver ignores your claim or won’t pay?
File in small claims court: if the driver skips the hearing, the court can enter a judgment against them for up to the amount you claimed, plus costs (MCL 600.8404(1)(c)). If the judgment goes unpaid, you can ask the court to garnish the driver’s wages or bank account, and the driver can lose their license (MCL 600.8409(1), 257.512).
- Payment order. The judge orders payment in a lump sum or installments, and a driver who doesn’t pay right away must pay within 30 days or disclose where they work and bank (MCL 600.8410(2), (5)).
- Garnishment. If they still don’t pay, you can ask for a writ of garnishment, an order telling an employer or bank to pay you from money it holds for the driver. Each writ costs $15, as of September 2026 (MCL 600.8410(3), 600.8420(2); Michigan Courts).
- License suspension. If a final judgment for vehicle damage from a crash is unpaid after 30 days, you can ask the court clerk to send a certified record of it to the Secretary of State, which must then suspend the driver’s license and registration until the judgment is paid, or until the driver sets up court-ordered or agreed installments and files proof of financial responsibility, such as insurance (MCL 257.23, 257.511(1), 257.512, 257.513, 257.515, 257.517).
When is a mini-tort claim not worth pursuing?
It isn’t available at all if you were more than 50% at fault or your vehicle was being driven uninsured (MCL 500.3135(4)(a), (e)). Otherwise, it may not be worth it when there’s little to recover, or the driver has no mini-tort coverage and nothing to collect from, though an unpaid judgment can still cost them their license.
Think twice if:
- your broad form collision, or limited collision without a deductible, paid for the whole repair (MCL 500.3037(1))
- the amount is small compared with the filing fee and a trip to court
If you’re unsure, a demand letter is a low-cost first step.
Do you need a lawyer for car property damage?
Usually not, if your only claim is the mini-tort. It’s capped at $3,000 for crashes after July 1, 2020 (MCL 500.3135(3)(e)), it must be filed in small claims court whenever legally possible (MCL 500.3135(4)(c)), and lawyers can’t represent either side there (MCL 600.8408(1)). If the vehicle that hit you was insured, you generally can’t sue its owner or driver for more (MCL 500.3135(3)), and unless your car was properly parked, only your own collision or comprehensive coverage pays the rest of the repairs, if you bought it (DIFS).
A lawyer makes more sense when:
- You were also hurt. Your injury claim is separate and has its own deadlines, and the small claims decision doesn’t settle it (MCL 500.3135(4)(d)). For PIP, give your insurer written notice within one year (MCL 500.3145(1)).
- The $3,000 cap may not apply. If the vehicle that hit you was uninsured, the cap may not limit your claim (MCL 500.3135(3)). If your car was properly parked, the other vehicle’s property protection insurance pays instead, and a lawsuit for unpaid benefits must be filed within one year (MCL 500.3123(1)(a), 500.3145(5); see what if your car was parked?).
- Fault is disputed and the case leaves small claims. Before trial, either side can move it to the general civil division, where lawyers can take part (MCL 600.8408(4)).
Not sure which applies? More than half of the Michigan firm offices in our directory say on their websites that they offer a free consultation, but ask before you meet. See whether the first consultation is free.
What to do next
- Get the crash report and note the other vehicle’s insurer and policy number.
- Work out your uncovered damage from your declarations page, the repair invoice and your insurer’s payment statement.
- Send a demand letter to the driver, with a copy to their insurer, and keep proof of mailing.
- File in small claims court if you aren’t paid, well before three years pass. The clerk will prepare the affidavit if you ask (MCL 600.8403).
- If you were hurt, protect that claim separately. Give your own insurer written notice within one year to protect your PIP benefits (MCL 500.3145(1)), then get a free case review or compare Michigan injury lawyers near you.
What waiting can cost
- Your right to sue: three years for the mini-tort, and one year for an unpaid PPI claim on a parked car (MCL 600.5805(2), 500.3145(5)).
- Your proof: records, photos and memories fade, and a driver who moves is harder to serve (MCL 600.8405).
- An injury claim: if you were hurt, PIP needs written notice to your insurer within one year (MCL 500.3145(1)).
What a good outcome looks like
The at-fault driver, or their insurer, pays back your deductible or the repair cost insurance didn’t cover, and you didn’t have to hire anyone to get it. If the driver refuses, a small claims judgment gives you real ways to collect. If you were hurt, your injury claim moves ahead on its own track. From paying for another driver’s mistake to getting your money back, with every step and deadline clear.
Frequently asked questions
How much can you get from a mini-tort claim in Michigan?
Up to $3,000 for crashes after July 1, 2020, and up to $1,000 for crashes on or before that date, but only for vehicle damage insurance doesn't cover, such as your collision deductible. Your share of the fault reduces the amount, and you get nothing if you were more than 50% at fault (MCL 500.3135(3)(e), (4)(a)).
Can I file a mini-tort claim if I have collision coverage?
Yes, but only for what your collision coverage didn't pay, usually your deductible. If you don't carry collision coverage, you can claim the repair cost itself, up to $3,000 (Michigan Department of Insurance and Financial Services).
Does the at-fault driver's insurance pay a mini-tort claim?
Only if the driver bought optional limited property damage coverage, often called mini-tort coverage. The liability insurance Michigan requires doesn't have to cover the mini-tort, so otherwise the driver owes the money personally (MCL 500.3135(4)(b); DIFS).
How long do I have to file a mini-tort claim in Michigan?
Three years from the crash (MCL 600.5805(2)). If your car was properly parked when it was hit, your claim is for the other vehicle's property protection insurance instead, and a lawsuit for those benefits must be filed within one year of the crash (MCL 500.3145(5)).
Do I need a lawyer for a mini-tort claim?
No. A mini-tort case must be filed in small claims court whenever legally possible, and lawyers can't represent either side there (MCL 500.3135(4)(c), 600.8408(1)). If you were also hurt, your injury claim is separate and has its own deadlines.
Do I need a property damage lawyer after a car accident in Michigan?
Usually not if your only claim is the mini-tort, for up to $3,000 of vehicle damage insurance didn't cover in a crash after July 1, 2020: it goes to small claims court whenever legally possible, and lawyers can't represent either side there (MCL 500.3135(3)(e), (4)(c), 600.8408(1)). A lawyer makes more sense if you were also hurt, if the vehicle that hit you was uninsured, if the property protection claim for your parked car isn't paid (a lawsuit must be filed within one year), or if either side moves the case to the district court's general civil division, where lawyers can take part (MCL 500.3145(5), 600.8408(4)).
What happens if the at-fault driver doesn't pay a mini-tort judgment?
You can ask the court for garnishment of the driver's wages or bank account, or execution against property (MCL 600.8409(1), 600.8410(3)). If a final judgment isn't paid within 30 days, you can also ask the court clerk to send a certified record of it to the Secretary of State, which must suspend the driver's license and registration (MCL 257.511(1), 257.512).
Sources
- MCL 500.3135, Tort liability after a motor vehicle accident; the mini-tort · Michigan Legislature
- MCL 500.3037, Limited, broad form and standard collision coverage · Michigan Legislature
- MCL 500.3101, Required no-fault security; "motor vehicle" defined · Michigan Legislature
- MCL 500.3131, Residual liability insurance · Michigan Legislature
- MCL 500.3121, Property protection insurance benefits · Michigan Legislature
- MCL 500.3123, Property excluded from property protection insurance; parked vehicles · Michigan Legislature
- MCL 500.3125, Which insurer pays property protection benefits · Michigan Legislature
- MCL 500.3145, Limitation of actions for no-fault benefits · Michigan Legislature
- MCL 500.3030, Insurer not to be joined as a defendant · Michigan Legislature
- MCL 600.5805, Period of limitations for injuries to persons or property · Michigan Legislature
- MCL 600.8401, Small claims division; dollar limit · Michigan Legislature
- MCL 600.8402, Starting a small claims case by affidavit · Michigan Legislature
- MCL 600.8403, Clerk to prepare the affidavit on request · Michigan Legislature
- MCL 600.8404, Notice to appear; failure to appear · Michigan Legislature
- MCL 600.8405, Service by certified mail or personal service · Michigan Legislature
- MCL 600.8406, Date of the small claims hearing · Michigan Legislature
- MCL 600.8408, Representation in small claims cases; removal · Michigan Legislature
- MCL 600.8409, Enforcing a small claims judgment · Michigan Legislature
- MCL 600.8410, Settlement; payment in a lump sum or installments · Michigan Legislature
- MCL 600.8411, Informal hearing; no jury · Michigan Legislature
- MCL 600.8412, Rights waived in the small claims division · Michigan Legislature
- MCL 600.8415, Where to file a small claims case · Michigan Legislature
- MCL 600.8420, Small claims filing and writ fees · Michigan Legislature
- MCL 600.8421, Costs for the winning party · Michigan Legislature
- MCL 600.8427, Hearings by a magistrate; appeal · Michigan Legislature
- MCL 600.1986, Electronic filing system fee · Michigan Legislature
- MCL 600.6431, Notice of a claim against the state · Michigan Legislature
- MCL 257.23, "Judgment" defined (Michigan Vehicle Code) · Michigan Legislature
- MCL 257.401, Owner's liability for negligent operation of a vehicle · Michigan Legislature
- MCL 257.511, Unpaid judgments reported to the Secretary of State · Michigan Legislature
- MCL 257.512, License suspension for an unpaid judgment · Michigan Legislature
- MCL 257.513, How long a judgment suspension lasts · Michigan Legislature
- MCL 257.515, Paying a judgment in installments · Michigan Legislature
- MCL 257.517, Proof of financial responsibility · Michigan Legislature
- Auto insurance frequently asked questions (limited property damage coverage; property protection) · Michigan Department of Insurance and Financial Services
- Brief Explanation of Michigan No-Fault Insurance (FIS-PUB 0202A) · Michigan Department of Insurance and Financial Services
- District Court Fee and Assessments Table (April 2025) · Michigan Courts
- Traffic Crash Reporting Unit: Frequently Asked Questions · Michigan State Police
- The Traffic Crash Purchasing System · Michigan State Police
- UD-10 Traffic Crash Report 2022 Instruction Manual · Michigan State Police
- Release (Wex legal dictionary) · Legal Information Institute, Cornell Law School
Updated September 29, 2026
This guide is general information, not legal advice, and laws change. For advice about your situation, talk to a lawyer licensed in your state. Reading this page or contacting us does not create an attorney-client relationship.