Under Michigan Law, a victim has the right to restitution for damages to the victim’s property caused by a defendant’s commission of a misdemeanor. see MCL 780.826(3). A victim is any “individual who suffers direct…financial…harm as a result” of the defendant’s actions. SeeMCL 780.826(1)(b). In the event of damage to a victim’s property, the victim has a statutory right to recover for the value of the property at the time it was damaged. If a dispute arises as to the proper amount of restitution, that dispute “shall be resolved by the court by a preponderance of the evidence.” See MCL 780.767.
In cases involving a motor, a victim’s recovery for damage to his or her automobile may be limited or barred under Michigan’s no -fault insurance system. See MCL 500.3101. Drivers in Michigan are required to maintain certain levels of insurance coverage on the vehicles they register to drive in the state. ld. Collision or comprehensive insurance is not required to operate a motor vehicle. ld. In cases involving damage to a victim’s motor vehicle that is not covered by insurance, that victim may still recover a portion of those damages. See MCL 500.3135. This recovery is capped at a value of up to Five Hundred and 00/100 Dollars ($500.00). See MCL 500.3135(3)(e).