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If the police catch the hit and run driver can i make a mini tort claim if i was uninsured

Romulus, MI |

uninsured hit by hit and run, if they find him can i make a mini tort claim

Attorney Answers 2


Regarding the mini tort, I always suggest people should sue for it in district court. A judge may not let you have it if you are uninsured, but from my personal experience most will. It continues to amaze me, but there is nothing in the statute that says you can’t get the $500 mini tort if you are uninsured. There are so few mini-tort cases that have been appealed, that I can't give you a certain answer except to say the law isn’t crystal clear and in my opinion, unless you get a very activist district court judge (which is almost an oxymoron like military intelligence) who has very strong feelings towards uninsured drivers, you'll likely get it.
Certainly it would be worth the $30-60 for you to file a Small Claims lawsuit.
Remember, the good news here - if there is any good news - is that if the hit and run driver who caused your accident is also uninsured, and there is probably a good chance about that, then there is no $500 cap and no mini tort protection. So, if found, and if the judge allows, you would possibly recover the full amount of your vehicle damage.
good luck.

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I agree with Steven above. There should not be anything to prohibit you from bringing a mini tort action. However, if the police caught the hit and run driver, they likely also determined what, if any, insurance as on the vehicle him/her was driving. I would contact that company and start a property damage claim. They may try to deny the claim on some legal basis, but you are much more likely to recover money from an insurance company, especially a minimal amount, than a private party.

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