Mini Tort Research Paper
If you were recently in a car accident, and your vehicle sustained damage, you may be able to recover some of the repair or deductible costs that you paid via Michigan 's mini-tort process. Here are four things you need to understand before you pursue a mini-tort claim following a vehicle accident in the state of Michigan.
Mini-Tort Law Is Designed For Vehicle Damage
Michigan 's mini-tort law is specifically designed to assist you in recovering repair and deductible costs to your vehicle. It is not designed to recover costs associated with damaged personal property in your vehicle or with medical costs this process is specifically designed to assist you with recovering money you paid for vehicle damage.
Mini-Tort Law Is Limited
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Say you had to pay a $500 deductible to fix your vehicle. Based on the example above, the most you could receive would be 80% of that cost, or $400. But, if you had to pay for repair costs out of pocket, and you paid $4,000 in repair costs, 80% of that would be $3,200. However, mini-torts are limited to $1,000, so you would receive the maximum amount, or $1,000, from the party you are suing.
Mini-Torts Are Not Covered By Required Insurance
In the state of Michigan, drivers are required to carry no-fault insurance. Unless the other driver has also opted for additional liability coverage through their insurance provider, you will be trying to recover the money you are awarded directly from the other driver, not their insurance company. You will only collect your award for their insurance company if the other party has liability insurance beyond the no-fault insurance required in the state of Michigan.
Mini-Torts Start In Small Claims Court
If you want to file a mini-tort, you will need to file the claim with your local small claims court. However, you or the other party involved may ask for the claim to be moved up to a higher court. Whomever requests this action will have to pay the fees to move the case up to a higher court.
If you have any additional questions about how the mini-tort process works in the state of Michigan, contact a local car accident
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