Mini-Tort Claims in Detroit
Also called (limited property damage liability) is a provision under Michigan’s no fault law.
Under this provision 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 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.
A lawsuit made under the mini-tort provision will usually be made in a small claims or municipal court. Either party can ask to have the case moved to a higher court, but the person who asked to have the case moved will be responsible for the additional court costs and the judgment will not be higher than what would have been paid out in the lower court.
Damages will be awarded based on the amount or percentage at fault. For example if the damage is $500 and the other party is 60% at fault he or she will have to pay $300 to the other driver. Insurance companies will usually provide coverage for “mini-tort” as an optional coverage called limited property damage liability or the other party can elect to pay out of pocket.
Filing a mini-tort claim is an easy process usually you will need 3 things to make claim.
First step in Mini-tort process
Get a copy of the police report. The other insurance company will want a copy to verify who was at fault and in Michigan the insurance information from the other party will be listed on the police report. This is the most important step because this is where you find out who the other party is insured with, once you locate this information you will need to look up the claim phone number of the other company to start the claim process.
a) if the other insurance company is not listed then you will need to contact the other party to either verify their insurance information or
b) take them to small claims court. If the other party was driving without insurance then they will be liable for the full amount of damages to your car.
Locate the other insurance company to give them a copy of your declarations page to show them your coverages (they will need to verify what your deductible is). The insurance company will pay the lesser of your deductible or damages not to exceed the $500 max.
Get an estimate from a body shop, you have to prove to the insurance company that you have damages. If the damages are less than your deductible the insurance company will pay the lesser amount.
Final Step in mini-tort process (follow-up)
Once these steps are completed you will have successfully filed you will now know how to file a Detroit Insurance Mini-tort claim, but the process is not over the other insurance company will have to verify the information that was given to them so make sure that you record the claim number that they give you and a contact number so that you can follow-up if the claim is not paid in a timely manner.
If you are not happy with your agent and they are not helping you with mini-tort claims or other services, Visit Local Detroit insurance agent online or call 248-888-1134 to get your competitive quote today.