How to File a Mini Tort Claim in Michigan Court

To file a mini tort claim in Michigan, send a written demand to the at-fault driver and their insurer, and if that does not produce payment, file a DC 84 small claims form in the district court that covers the county where the crash happened or where the driver lives or works. The claim lets you recover up to $3,000 in vehicle damage that your own insurance did not pay, which for most people is their collision deductible.¹

What You Can Recover

Michigan’s no-fault law blocks most lawsuits over vehicle damage, but MCL 500.3135(3)(e) carves out a narrow exception: you can sue the at-fault driver for repair costs your insurer did not cover, capped at $3,000 when that driver carried the insurance Michigan requires.¹

Two limits shape what you actually walk away with. First, the statute covers “damages to a motor vehicle,” so personal items destroyed in the crash — a laptop, a car seat, anything else in the vehicle — do not count. Second, your recovery drops by your share of fault. If you were 20% at fault and your out-of-pocket loss was $2,000, you can collect $1,600. If you were more than 50% at fault, you collect nothing.¹

A mini tort deals only with property damage. Medical bills, lost wages, and pain and suffering follow a different track under no-fault. And if the driver who hit you was uninsured, you are not limited to $3,000 at all — you can sue for the full amount of vehicle damage, up to the $7,000 small claims ceiling.²

Whether You Have a Claim Worth Filing

Your own collision coverage decides whether there is anything to recover.

Standard collision: your insurer pays for repairs minus your deductible. That deductible, often $500 or $1,000, is what you can go after in a mini tort.
Broad form (broadened) collision: if you are less than 50% at fault, your insurer waives the deductible and pays the full repair cost. You have no out-of-pocket loss, so there is nothing to sue for.³
No collision coverage at all: you carry the full repair bill, and you can pursue up to $3,000 of it from an insured at-fault driver.

One more coverage note matters on the other side of the case. Some Michigan drivers carry a separate add-on called “limited property damage liability” that pays a mini tort claim on their behalf when they are at fault.⁴ If the driver who hit you has it, their insurer, not the driver personally, will handle payment.

Documents to Gather First

Three pieces of paper carry almost every mini tort case.

The police report, filed on a standardized form called the UD-10 Traffic Crash Report, gives you the other driver’s name, address, insurance information, and the officer’s fault assessment. Request a copy from the responding department. A small fee usually applies. The officer’s fault finding does not bind the court, but it is where every mini tort claim starts.

Your repair documentation proves the loss. A paid body-shop invoice is strongest. A detailed written estimate works if the car is not yet repaired. Either document should itemize the work and show the total.

Your insurance declaration page shows your coverage type and deductible, which is how you demonstrate the gap between what your insurer paid and what you are still out.

Send a Demand Letter Before You File

Nothing in Michigan law requires a demand letter, but most mini tort claims settle at this stage. A deductible-sized claim is rarely worth an insurer’s time to fight.

Write to both the at-fault driver and their insurance company. Include the date of the accident, a short account of what happened, the police report number, the amount you are claiming, and copies of your repair invoice or estimate and your declaration page. Send it certified mail with return receipt requested so you have proof of delivery.

Give the insurer three to four weeks to respond. An adjuster may pay in full, offer less, or deny. If the response is a denial or a lowball, that is your cue to file.

Filing in Small Claims Court

You have three years from the date of the accident to file.⁵¹²

Picking the Right Court

File in the district court covering the county (or, for smaller districts, the district) where the accident happened or where the defendant lives or works.⁶ The wrong court gives the defendant grounds for dismissal, so confirm venue before you go to the clerk.

Filling Out the Form

The form is DC 84, “Affidavit and Claim, Small Claims.”⁷ It asks for your information, the defendant’s information, the date the claim arose, the amount, and a short explanation. Download it from the Michigan Courts site or pick one up at the clerk’s office. Bring the completed form and your supporting documents to the clerk, who will stamp the paperwork, assign a case number, and set a hearing date. Some courts accept mailed filings and a few offer e-filing. Call ahead to check.

Filing Fees

Fees scale with the claim:⁸

$25 for claims up to $600
$45 for claims over $600 up to $1,750
$65 for claims over $1,750

Most mini torts land in the $45 or $65 bracket. If you win, the court can add the fee to your judgment.

No Attorneys, No Jury

Michigan bars attorneys from representing parties in the small claims division; you and the defendant each speak for yourselves.⁹ Filing in small claims also waives your right to a jury.⁷

Serving the Defendant

After filing, the defendant has to be formally notified. You cannot just mail the paperwork yourself. Small claims rules allow three methods:¹⁰

Certified mail through the clerk, with return receipt and restricted delivery so only the defendant can sign. If the defendant is a business, an agent can sign.¹¹
Personal service by a sheriff’s deputy or private process server, who physically hands over the papers. Private servers typically charge $40 to $100.
Alternate service by court order, using Form MC 303, when the defendant cannot be located through normal means. A judge can approve posting or regular mail instead.¹²

The defendant must receive notice at least seven days before the hearing. If service fails and the defendant does not appear, the clerk reschedules and reissues notice at no extra charge.¹¹

At the Hearing

Small claims hearings are informal. No jury, no lawyers cross-examining, no rigid rules of evidence. A judge or magistrate runs the proceeding closer to a conversation than a trial.

You go first. Explain what happened, when, and what it cost you. Then hand up your documents: the police report, the repair invoice or estimate, the declaration page, and any correspondence with the at-fault driver’s insurer. The defendant gets to respond. The judge may ask questions of either side.

Bring originals plus one extra copy of each document for the defendant. Organize the papers in the order you plan to discuss them. A witness who saw the crash and is willing to appear helps, but the paperwork carries most cases on its own. Some courts route small claims cases through mediation before the hearing itself, so expect the possibility of a sit-down with a mediator first. The judge may rule from the bench or mail a written decision.

Collecting Your Judgment

Winning and getting paid are different things. When the defendant carries limited property damage liability coverage, the insurer usually pays within a few weeks. When the defendant is uninsured or simply ignores the judgment, you have work ahead of you.

The defendant has 21 days after the judgment to pay or to ask the court for an installment plan.¹³ After that, enforcement tools become available:

Wage garnishment, through a writ of periodic garnishment sent to the defendant’s employer.
Bank account garnishment, through a writ of non-periodic garnishment that freezes funds in the defendant’s account.
State tax garnishment, which intercepts state refunds owed to the defendant.
Seizure of personal property under a court order, sold to satisfy the judgment.

Each garnishment or seizure order costs $15 to file.¹³ If you do not know where the defendant works or banks, a discovery subpoena ($15) can compel them into court for a debtor examination, where the judge requires answers about their income and assets. That subpoena cannot be filed until at least 21 days after judgment.

If You Lose Before a Magistrate

Appeal rights are narrow. When a magistrate hears the case, either side can appeal to the district court judge for a completely new hearing, called a de novo hearing, within seven days of the decision.¹⁴ When a district court judge hears the case originally, there is no further appeal. The DC 84 form itself warns that filing in small claims waives the right to appeal a judge’s decision.⁷ Seven days is a tight window, so if a magistrate rules against you and you believe the decision was wrong, move immediately.

1
Michigan Legislature. Michigan Compiled Laws MCL 500.3135 – Tort Liability for Noneconomic Loss
2
Michigan Legislature. Michigan Compiled Laws MCL 600.8401 – Small Claims Division Jurisdiction
3
State of Michigan. Michigan’s Auto Insurance Law Has Changed
4
State of Michigan. Michigan Auto Insurance Quick Facts
5
Michigan Legislature. Michigan Compiled Laws MCL 600.5805 – Statute of Limitations
6
Michigan Courts. Venue – District Court Magistrate Manual
7
Michigan Courts. DC 84 Affidavit and Claim, Small Claims
8
Michigan Courts. District Court Fee and Assessments Table
9
Michigan Legislature. Michigan Compiled Laws MCL 600.8408 – Small Claims Proceedings
10
Michigan Courts. District Court Case Processing – Small Claims
11
Michigan Courts. Michigan Court Rules Chapter 4 – District Court, Subchapter 4.300
12
Michigan Courts. Motion and Verification for Alternate Service
13
36th District Court. Small Claims Division Frequently Asked Questions
14
Michigan Legislature. Michigan Compiled Laws MCL 600.8427 – Small Claims Appeals