Guide to Filing a Small Claims Case for Mini-Tort in Michigan
I was recently involved in a car accident in Michigan, where the driver at fault was denied mini-tort coverage by their insurance company. As a result, I’m left with $1,000 in out-of-pocket repair costs, and I’m looking to file a small claims case against the at-fault driver.
I have gathered the necessary documentation, including the police report, repair estimates, and the insurance denial letter to support my claim.
I have a few questions ❓
- What steps do I need to take to file a small claims lawsuit in Michigan?
- Which court should I file in—where the accident occurred or where the at-fault driver resides?
- What is the proper procedure for serving the at-fault driver?
- What should I expect if the driver ignores the lawsuit or fails to pay after a judgment is made?
- Has anyone had success with a mini-tort case in small claims court?
Any insights or experiences would be greatly appreciated! Thank you!
Filing a small claims case for your mini-tort claim in Michigan can be a manageable process if you follow the right steps. Here’s a breakdown addressing your questions:
To file a small claims case in Michigan, you need to complete a Small Claims Complaint form, which can typically be found on your local court’s website or at the courthouse. Ensure that you include all relevant evidence, such as the police report, repair estimates, and the insurance denial letter. Once completed, file the form with the appropriate court and pay the filing fee.
What court do I file in—where the accident happened or where the driver lives?
In Michigan, you can file your small claims case in the district court where the accident occurred or where the at-fault driver resides. This provides you with a couple of options, so choose the one that is most convenient for you.
How do I serve the at-fault driver properly?
After filing your complaint, you must serve the at-fault driver with a copy of the complaint and a summons. You can do this by a third party, such as a friend or a process server, or through registered or certified mail. Make sure to keep proof of service, as you’ll need to provide this to the court.
What happens if they ignore the lawsuit or refuse to pay after a judgment?
If the at-fault driver ignores the lawsuit and fails to appear in court, you can obtain a default judgment in your favor. If they don’t pay after a judgment is rendered, you may need to take further action, such as garnishing wages, placing a lien on property, or seeking assistance from a collection agency.
Has anyone successfully won a mini-tort case in small claims court?
For more specific guidance tailored to your circumstances, consider consulting with a legal professional familiar with Michigan’s small claims process. Best of luck with your case!