PLMIhard
Under MCL 500.3135(3)(e), if a Michigan claimant is 30% at fault for the accident and seeks the maximum mini-tort recovery, what is the highest amount the claimant may recover from the other driver?
A$3,000 — comparative fault never reduces mini-tort recovery, even when the claimant is 30% at fault
$2,100 — the $3,000 cap is reduced by the claimant's 30% comparative fault
C$0 — any fault by the claimant bars mini-tort recovery
D$1,000 — the pre-2019 cap applies when comparative fault is alleged
Why this is the answer
Michigan applies modified comparative fault to mini-tort under MCL 500.3135(2). The statutory cap of $3,000 sets the maximum gross recovery, but the trier of fact must reduce damages by the claimant's percentage of fault. A 30%-at-fault claimant therefore recovers $2,100 at most. If the claimant is more than 50% at fault for the accident, recovery is barred entirely.
Studying for the MI Personal Lines exam?
This question comes from our PL bank. Take a free practice test — no signup.