As of October 1, 2012, Michigan’s Mini-Tort Law (Ins. Code 3135) will be revised to add further protections to drivers involved in collisions in the state. What will not change is that the law only applies to property damage, i.e. repair costs to your vehicle (car, truck, motorcycle etc.), caused by an “at-fault” driver. The law does not change monetary recovery which is available to a driver or passenger injured, physically, mentally or emotionally, by a negligent driver who caused a traffic accident.
If you are the driver of an insured vehicle which is involved in a traffic collision, caused by someone else – the “at-fault” driver, then after October 1, 2012, you will be entitled to receive, from the “at-fault” driver. This money is for repair of your vehicle only and you are entitled to receive it “to the extent the damages are not covered by insurance.” (Ins. Code 3135.3(e).) That means that if you are uninsured and your vehicle has been damaged by an “at-fault” driver, you would not be entitled to receive the $1000.00 under the new law, from the responsible driver.
The benefit (and liability if your car damage is greater than $1000.00) of the law remains the same. Whether your car is damaged by someone else’s negligence, or whether you are the cause of an accident, the liability is limited to $1000.00, even if property damage is greater than that amount.
Even if you have been involved in a traffic collision which involves personal injury, the new law may affect you in ways unknown at present. The MI car crash lawyers at Lipton Law are available for consultation should you find yourself involved in a traffic collision. If needed, call us, at (248) 557-1688 for a free consultation.