Yes, you can file a car accident claim in Michigan even if you didn’t sustain physical injuries. Michigan’s no-fault insurance system handles bodily injury claims separately from property damage, and the law provides a specific path for recovering vehicle damage costs from the at-fault driver regardless of whether you were injured in the collision. This is done through what is known as the state’s “mini tort” law.
Whether you ultimately need a Troy car accident lawyer for this type of claim depends on the circumstances of your case. However, understanding how the process works is important so that you don’t leave money on the table after an accident that damaged your vehicle.
Michigan’s Mini Tort Law
Michigan’s no-fault system generally prevents drivers from suing each other over accident-related injuries unless certain thresholds are met. However, when it comes to vehicle damage, the rules are different. Per MCL 500.3135(3)(e), a driver whose vehicle was damaged in an accident can file a mini tort claim against the at-fault driver to recover repair costs that weren’t covered by insurance.
There are a few key rules to be aware of:
- The maximum recovery under the mini tort is $3,000
- You must be less than 50 percent at fault for the accident to qualify
- The claim only covers damage to your vehicle, not personal property inside the car, rental expenses, or any other out-of-pocket costs
- If you have collision coverage and your insurer covered the repair, the mini tort can be used to recover your deductible
- If you don’t carry collision coverage, the mini tort may be your only option for recovering repair costs
Mini tort claims are typically filed in small claims court and do not require an attorney. That said, if the facts of your case are disputed or the other driver’s insurance company is pushing back, having legal guidance can be helpful.
What if the At-Fault Driver Was Uninsured?
One important exception to the $3,000 cap applies when the at-fault driver was uninsured at the time of the crash. In that situation, you are not limited by the mini tort recovery amount and can file a claim for the full cost of your vehicle damage. You may also be able to pursue additional out-of-pocket expenses that the mini tort would not normally cover.
Don’t Assume You Weren’t Injured
It is also worth keeping in mind that not all injuries show up right away after a car accident. Conditions like whiplash and concussions, for instance, sometimes won’t present symptoms for days after the crash takes place.
It’s best to see a doctor as soon as possible with this framework in mind. Not only is getting medical treatment important for your health, but medical records can serve as important evidence if you end up being eligible to file a personal injury claim for additional compensation.
Contact a Troy Car Accident Attorney for Help With Your Case
If your vehicle was damaged in a car accident in Michigan and you’re unsure of how to recover the costs, it’s a good idea to set up a free consultation with a car accident lawyer to learn about your best course of action.
Call a Troy car accident attorney at Khamo Law today at (248) 466-0606 or reach out online to get started. We operate on a contingency fee basis, so you won’t pay anything in terms of attorney’s fees unless we win compensation for you.