Michigan Mini Tort and Motorcycles

The Motorcycle Legal Minute™ was created by Jason Waechter, THE Motorcycle Lawyer, to explain Michigan’s motorcycle law in a short and easy to understand way.

How Michigan Mini Tort Law Works For Motorcycles

A big one has to do with what is called the Mini Tort Law. The Mini Tort Law allows ‘motor vehicle’ owners to get their deductible paid by the at-fault driver after a crash. If the motor vehicle owner did not have collision coverage, he or she can obtain up to $3,000 from the negligent driver or his insurance company. If the motor vehicle owner DID have insurance and had to pay a deductible, the amount of the deductible, up to $3,000, can be recovered from the at-fault driver or his insurance company.

 

Notice the quote around the term ‘motor vehicle.’ This is because under this law only cars, trucks, vans and SUVs are considered a motor vehicle; motorcycles are not. Stated another way, after a negligent car driver hits you riding your motorcycle, you cannot make him or his insurance company pay for any of the damage to your bike. 

 

There are 3 exceptions: If your motorcycle was reasonably parked when it was hit, if the negligent driver is uninsured and if the vehicle that caused the damage was a motorcycle.

 

Since we're discussing mini tort, we'll address a common question here: If my car (motor vehicle) was uninsured at the time of the crash, can I get Mini-Tort? Answer: No. An uninsured owner and operator of cars and trucks cannot get mini tort.  If your uninsured truck or car (“motor vehicle”) was damaged in a car accident, you will not be able to use the Michigan mini tort law to obtain up to $3,000 from the at-fault driver or his insurance company to cover vehicle damage. (MCL 500.3135(3)(e) and (4)(e)). Motorcyclists cannot get Mini Tort.

 

 

Here are a few Michigan statutes that apply to the mini tort law:

 

MCL 500.3135 Tort liability for noneconomic loss; exceptions; cause of action for damages; "serious impairment of body function" defined.

 

Sec. 3135

 

MCL 500.3135(e) Damages up to $1,000.00 to a motor vehicle or, for motor vehicle accidents that occur after July 1, 2020, up to $3,000.00 to a motor vehicle, to the extent that the damages are not covered by insurance. An action for damages under this subdivision must be conducted as provided in subsection (4).

 

MCL 500.3101 Security for payment of benefits required; period security required to be in effect; definitions; policy of insurance or other method of providing security; filing proof of security; exclusion.

Sec. 3101.

  (1) Except as provided in sections 3107d and 3109a, the owner or registrant of a motor vehicle required to be registered in this state shall maintain security for payment of benefits under personal protection insurance and property protection insurance as required under this chapter, and residual liability insurance. Security is only required to be in effect during the period the motor vehicle is driven or moved on a highway.

  (2) Except as provided in section 3107d, all automobile insurance policies offered in this state must include benefits under personal protection insurance, and property protection insurance as provided in this chapter, and residual liability insurance. Notwithstanding any other provision in this act, an insurer that has issued an automobile insurance policy may only delete portions of the coverages under the policy and maintain the comprehensive coverage portion on a motor vehicle that is not driven or moved on a highway in accordance with section 3009(4).

  (3) As used in this chapter:

  (a) "Automobile insurance" means that term as defined in section 2102…

  *

  (f) "Moped" means that term as defined in section 32b of the Michigan vehicle code, 1949 PA 300, MCL 257.32b.

  (g) "Motorcycle" means a vehicle that has a saddle or seat for the use of the rider, is designed to travel on not more than 3 wheels in contact with the ground, and is equipped with a motor that exceeds 50 cubic centimeters piston displacement. For purposes of this subdivision, the wheels on any attachment to the vehicle are not considered as wheels in contact with the ground. Motorcycle does not include a moped or an ORV.

  (h) "Motorcycle accident" means a loss that involves the ownership, operation, maintenance, or use of a motorcycle as a motorcycle, but does not involve the ownership, operation, maintenance, or use of a motor vehicle as a motor vehicle.

  (i) "Motor vehicle" means a vehicle, including a trailer, that is operated or designed for operation on a public highway by power other than muscular power and has more than 2 wheels. Motor vehicle does not include any of the following:

  (i) A motorcycle.

  (ii) A moped.

  (iii) A farm tractor or other implement of husbandry that is not subject to the registration requirements of the Michigan vehicle code under section 216 of the Michigan vehicle code, 1949 PA 300, MCL 257.216.

  (iv) An ORV.

  (v) A golf cart.

  (vi) A power-driven mobility device.

  (vii) A commercial quadricycle.

  (viii) An electric bicycle.

  (j) "Motor vehicle accident" means a loss that involves the ownership, operation, maintenance, or use of a motor vehicle as a motor vehicle regardless of whether the accident also involves the ownership, operation, maintenance, or use of a motorcycle as a motorcycle.

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