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Car Insurance Learning Center  Learning Center  Auto Insurance Questions & Answers   Questions & Answers  Professional Answers   Auto Insurance Answers

I live in Michigan, I have pl pd insurance on my vehicle, somebody burnt my vehicle early this morning, it is a total loss, I was told that there is something called mini tort, that I could collect $500.00 from the insurance since it is totalled. Can you tell me if this is true?

There is something called mini-tort in Michigan but it is not used in the way in which you were told. 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 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.

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Since your car was burnt and not damaged in a car accident where there is anther driver to be found at-fault, and thus no one to sue for the mini-tort amount of $500.

For your car to be covered by your insurance carrier at all you would need comprehensive coverage. This type of physical damage coverage would cover you for fire and vandalism which your car being burnt should fall under either one of these descriptions. Since you only have PLPD, the state minimum required insurance, your vehicle would not be covered for the fire and mini-tort is not something you could recover from your own insurance provider either.

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Question Details
This car insurance answer was last updated 5:26 PM Feb-05.
This Insurance Claims question was asked 12:38 AM January-31-2007.
Liz S. requested this car insurance help from CarInsurance.com experts.
Rated 10 out of 10 based on 1 votes.
Insurance Claims Category
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