For questions like this we recommend legal advice from legal counsel, but we will give you a reference answer based upon experience and research.

Yes, there is a statute of limitations on how long you have to try and collect using Michigan's mini-tort law.

A first-party claim (or no fault claim) through your own collision insurance has a one year statute of limitations. There is a three year statute of limitations for third party lawsuits against negligent drivers.

If you are going to file a claim directly against the at fault part then in MI an auto accident victim has three years from the time of the accident to file a claim against an at-fault driver.

Those in the legal community in Michigan state that one should never wait more than a year from the time of the accident to make claims for medical costs, property damages, wage losses, and other damages. Michigan law allows insurance companies to limit or deny benefit payments if certain claims were not originally made or if the claims are more than a year old.

Since you want to get the mini-tort amount (maximum $500) from at-fault party you may first want to see if he had coverage through his insurance company that would cover this so that you do not need to take the driver to small claims court.

The mandatory no-fault insurance coverages, which are required by law and which include some liability insurance designed to protect you in suits involving serious injury or death, do not cover this additional $500 liability. Insurance companies usually offer this coverage as an optional coverage which one may purchase for an extra cost. Insurers often call this coverage limited property damage liability.

So if the at fault party had this limited property damage liability coverage then his insurance provider should take your mini-tort claim. If not then you will need to take the person to court for a mini-tort action.

A lawsuit brought under the mini-tort provision should begin in a small claims court, or a municipal court, but either party may have the case moved to a higher court. However, the party who asks for the case to be moved may have to pay court costs if he or she does not win the case.

If you have more questions about MI insurance, ask your agent or company. If they cannot answer your question, contact the Office of Financial and Insurance Services (OFIS). The OFIS is the state agency that regulates insurance in Michigan and can be telephoned toll free at 877-999-6442.