Author: Jason Waechter | Date: April 26, 2025 | Category: MC Legal Minute
Michigan mini-tort law can be confusing for motorcyclists because the rule that helps many car, truck, van, and SUV owners recover vehicle damage does not usually work the same way for motorcycle damage. In this Motorcycle Legal Minute™, Jason Waechter, The Motorcycle Lawyer®, explains why Michigan riders often cannot use mini-tort to recover motorcycle repair costs after a crash, and the important exceptions riders should know.
The Motorcycle Legal Minute™ was created by Jason Waechter, The Motorcycle Lawyer®, to explain Michigan motorcycle law in a short and easy-to-understand way.
Michigan Motorcyclists Get Shafted Series: 3 of 4
Michigan mini-tort law allows certain vehicle owners to recover some out-of-pocket vehicle damage from the at-fault driver after a crash. For many car, truck, van, and SUV owners, this can help recover a collision deductible or vehicle damage not covered by insurance, up to the legal limit.
But motorcycles are treated differently under Michigan law. That difference surprises many riders after a crash, especially when a negligent car driver clearly caused the wreck and damaged the motorcycle.
In a typical Michigan motor vehicle crash, the mini-tort law may allow a motor vehicle owner to recover up to $3,000 from the at-fault driver or the at-fault driver’s insurance company for vehicle damage that is not covered by insurance.
For example, if a car owner has collision coverage and pays a deductible after a crash, the mini-tort claim may help recover that deductible, up to the legal limit. If the car owner does not have collision coverage, the mini-tort law may help recover up to $3,000 in vehicle damage from the negligent driver or that driver’s insurer.
That sounds simple enough for cars and trucks. The problem is that Michigan motorcycle damage is treated differently.
The key issue is the phrase “motor vehicle.” Under Michigan’s No-Fault law, motorcycles are not treated the same as motor vehicles for this purpose. Cars, trucks, vans, and SUVs may fall within the motor vehicle damage rules, but motorcycles are generally excluded from the mini-tort recovery available to motor vehicle owners.
Stated another way, if a negligent car driver hits you while you are riding your motorcycle, you usually cannot make that driver or the driver’s insurance company pay for the damage to your bike through Michigan’s mini-tort law.
That can feel unfair. A car driver can damage a motorcycle, clearly be at fault, and still leave the rider unable to recover bike repair costs through mini-tort. This is one of the reasons Michigan motorcycle insurance planning matters before a crash ever happens.
Many riders assume that if the at-fault driver caused the crash, the driver should at least have to pay the motorcycle deductible. Unfortunately, that is not how Michigan mini-tort law usually works for motorcycles.
If your motorcycle is damaged in a crash with a car, truck, van, or SUV, and your own motorcycle policy requires you to pay a deductible, Michigan mini-tort may not allow you to recover that deductible from the at-fault driver the way a car owner might.
That is why riders should review motorcycle insurance coverage carefully, including collision coverage, comprehensive coverage, custom parts coverage, uninsured motorist coverage, underinsured motorist coverage, and any coverage that may apply to motorcycle damage.
There are important exceptions. Motorcyclists should know them because they may create a path to recover motorcycle damage in certain situations.
These exceptions matter because many riders are told too quickly that they have no way to recover motorcycle damage. The facts of the crash, the vehicles involved, whether the motorcycle was parked, and whether the at-fault driver was insured can all matter.
Since we are discussing mini-tort, there is another common question: if your car or truck was uninsured at the time of the crash, can you still get mini-tort?
Generally, no. An uninsured owner or operator of a car, truck, van, or SUV may not be able to use Michigan mini-tort law to recover up to $3,000 from the at-fault driver or that driver’s insurance company for vehicle damage.
This is another reason insurance status matters. Michigan vehicle damage rules can become very technical, and the result may depend on whether the damaged vehicle was a motorcycle, a car, a truck, a parked vehicle, an insured vehicle, or an uninsured vehicle.
Because Michigan mini-tort law usually does not protect motorcyclists the same way it protects motor vehicle owners, riders should pay close attention to collision coverage before a crash happens.
Collision coverage may be the coverage that pays for damage to your motorcycle after a crash, depending on the policy terms, deductible, exclusions, and facts of the accident. Without the right coverage, a rider may be left paying for motorcycle repairs out of pocket, even when a negligent driver caused the crash.
This is especially important for riders with expensive motorcycles, custom paint, upgraded parts, accessories, saddlebags, performance parts, audio systems, or other additions that may not be fully covered unless the policy specifically includes them.
If your motorcycle was damaged in a Michigan crash, do not assume the insurance company has explained every possible option. Start by gathering and preserving evidence.
Motorcycle damage claims can be frustrating because the rules are not always intuitive. The best move is to understand the coverage and legal options before accepting what an insurance company says.
For more information about motorcycle damage, insurance coverage, and rider protection in Michigan, see these related resources:
The takeaway is simple but frustrating: Michigan mini-tort law can help many motor vehicle owners recover limited vehicle damage after a crash, but motorcyclists usually do not get the same protection for motorcycle damage.
If a negligent car driver hits your motorcycle, you may not be able to make that driver or the driver’s insurance company pay for the bike damage through mini-tort. The major exceptions involve a reasonably parked motorcycle, an uninsured negligent driver, or a crash caused by another motorcycle.
That is why Michigan riders should understand mini-tort, collision coverage, motorcycle damage coverage, and insurance options before a crash happens.
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