How to File a Small Claims Case for Mini-Tort in Michigan
I was recently involved in a car accident in Michigan, and the insurance company for the at-fault driver has denied my mini-tort claim since they don’t have mini-tort coverage. I am facing out-of-pocket repair expenses totaling $1,000, and I’m considering filing a small claims lawsuit against the at-fault driver.
I have gathered evidence including the police report, repair estimates, and the insurance denial letter.
Here are my questions ❓
- What is the process for filing a small claims lawsuit in Michigan?
- Which court should I file in—where the accident took place or the residence of the at-fault driver?
- What is the proper way to serve the at-fault driver with the lawsuit?
- What are the consequences 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 guidance or shared experiences would be greatly appreciated! Thank you!
Here’s a helpful response to your post regarding filing a small claims case for a mini-tort in Michigan:
Hi there!
I’m sorry to hear about your situation, but it sounds like you’ve gathered some solid evidence for your claim. Here’s some guidance on your questions:
How to file a small court claims lawsuit in Michigan: You’ll need to complete the “Small Claims Complaint” form, which you can find on your local district court’s website or at the courthouse. Fill it out with the necessary information, including details about the incident, the damages, and your evidence. After completing the form, you will submit it to the court along with the filing fee (which is typically around $20-$50, depending on the amount being claimed).
Which court to file in: You should file your small claims lawsuit in the district court where the accident occurred. This is important as it provides jurisdiction related to the event in question. If you don’t have that option, you can also file in the district court where the at-fault driver resides.
Serving the at-fault driver: After you file your complaint, you will need to properly serve the at-fault driver with a copy of the complaint and a summons. This can usually be done by a friend or family member who is over 18, or you can hire a process server. Ensure that the service is completed within the time frame specified by the court.
What happens if they ignore the lawsuit: If the at-fault driver does not respond to the lawsuit or appear in court, you may request a default judgment. This generally means that you could win the case automatically due to their absence. If they refuse to pay after a judgment is granted, you may need to take further steps to collect the judgment, which can include garnishment of wages or bank accounts.
Success stories in small claims court: Many individuals have successfully won mini-tort cases in small claims court, especially when they have clear evidence like police reports, repair estimates, and insurance denials. While every case is unique, presenting a well-documented claim significantly increases your chances of success.
Be sure to keep copies of all documents and communications throughout the process. Good luck with your case, and don’t hesitate to ask if you have more questions!
Feel free to add any other personal experiences or advice that you think may help the person with their situation!