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What is “Mini-Tort”?
Under no-fault auto insurance, a driver can only be sued under certain circumstances, such as:
1. If he or she causes an accident in which someone is killed or seriously injured, or
2. If he or she is involved in an accident in Michigan with a non-resident who is an occupant of a motor vehicle not registered in Michigan, or
3. If he or she is involved in an accident in another state where lawsuits are permitted.
The limited property damage liability, or “mini-tort”, provision of the no-fault law creates another situation in which you can sue or be sued. Under “mini-tort,” 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 $500.00 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.
For example, if you have standard collision insurance with a $100.00 deductible, and are involved in an accident for which you are less than 50% at fault, you can sue the other driver to recover your deductible.
Which Court Will Handle These Lawsuits?
A lawsuit brought under the “mini-tort” provision should begin in a small claims court, or a municipal court, but either party may have the case moved to a higher court. However, the party who asks for the case to be moved may have to pay court costs if he or she does not win the case.
How Will Damages Be Awarded?
The amount the person being sued will have to pay will be based on the amount of fault. For example, if the damage is $100.00 and the person being sued is 75% at fault and loses the case, he or she may have to pay the other driver $75.00.
Does My Insurance Cover This New Liability?
The mandatory no-fault insurance coverages, which are required by law and which include some liability insurance designed to protect you in suits involving serious injury or death, do not cover this additional $500.00 liability. Insurance companies usually offer this coverage as an optional coverage which you may purchase for an extra cost. Insurers often call this coverage “limited property damage liability.” Check with your agent to find out how your company handles this liability and what is available to you.
If you have been injured in an auto accident, you should contact our office immediately to discuss your many other rights.
We represent personal injury clients in Detroit, Southfield, Pontiac, Troy, Warren, Grand Rapids, Muskegon, Lansing, Battle Creek, Kalamazoo, Bloomfield Hills, West Bloomfield, Rochester, Auburn Hills, Clarkston, Birmingham, Ferndale, Flint, Muskegon, Novi, Pontiac, Troy, Saginaw, Sterling Heights, Waterford, Warren, Dearborn, Westland, Canton, Monroe, Ann Arbor, Flint, Mount Clemens, Livonia, Grayling, Grosse Pointe, St. Clair Shores, Brighton, Traverse City, Bad Axe, Northern Michigan, as well as residents of Wayne County, Kent County, Oakland County, Macomb County, Washtenaw County, Gennesee County, Huron County, St. Clair County, Monroe County, Ingham County, Saginaw County, Livingston County, Lenawee County and all other Michigan counties.

Contact us today for a free, no obligation consultation about your personal injury legal needs.
Buckfire & Buckfire
17117 W. Nine Mile Road
Suite 1135
Southfield, MI 48075
Toll Free: (800) 606-1717
Phone: (248) 569-4646
Fax: (248) 569-6737
The insurance company refused to pay my benefits. Mr. Buckfire filed a lawsuit against them and made them pay every penny that they owed... Every time I see my doctor, I thank her again for the referral to Buckfire & Buckfire.
Michael M.
Southern California
Because of his efforts, we proved that the other driver was at fault and the driver's insurance company paid a significant settlement for our injury claims... Hiring his firm to represent my son and myself was the best decision I could have possibly made. Many thanks for the great work.
Kathy G.
Imlay City, Michigan
My husband died when a truck left the roadway and struck him. He was off the shoulder of the roadway helping another motorist pull his car out of a snow bank The work that they did helped me settle my Michigan wrongful death case for $1,600,000.00. Their knowledge of law was second to none and they hired the best experts to prove my case.
Tracy R.
Troy, MI
$1,375,000 - Detroit, Michigan car accident settlement for paralyzed
$385,000 - Dearborn car accident arbitration award
$433,000 - Lansing Michigan car accident settlement for a client who sustained a closed head injury