Car accident injury claims in Michigan

Michigan at a glance

Fault rule

Modified comparative — 51% bar

You can recover only if you were 50% or less at fault; your award is reduced by your share.

No-fault state?

Yes

Your own PIP coverage pays for injuries first, regardless of who caused the crash.

PIP / no-fault coverage

6 PIP choice tiers: $50K (Medicaid-coordinated, § 3107c(1)(a)) / $250K (§ 3107c(1)(b)) / $500K (§ 3107c(1)(c)) / Unlimited (default if no selection, § 3107c(1)(d)) / Medicare opt-out (§ 3107d) / QHC opt-out (§ 3109a, at $250K tier, max deductible $6,579 for 7/1/2025-6/30/2026)

Threshold to step outside no-fault

Applies

Verbal threshold for noneconomic damages — McCormick serious-impairment-of-body-function (SIBF) 3-part test. Mini-tort PD cap $3,000 (MCL § 500.3135(3)(e)). Motorcyclists EXCLUDED from PIP — sue from first dollar.

Minimum liability coverage

250/500/10 default (post-7/1/2020): $250K BI/person, $500K BI/accident, $10K PD — highest defaults in our coverage. Opt-down to 50/100/10 with a director-issued form acknowledging risks. Plus mandatory PIP (per chosen tier) + mandatory PPI $1M (MCL § 3121). (MCL § 500.3009.)

Time limit for an injury claim

3 years

Generally measured from the date of the accident.

How fault works in Michigan

MCL § 600.2959 — modified comparative negligence with a bifurcated rule: a plaintiff more than 50% at fault is BARRED from NONECONOMIC damages only; economic damages remain recoverable but reducible proportionally above 50% fault. Distinct from FL/TX >50% bars (which bar all damages).

Paying for injuries in Michigan

Most complex PIP regime in the US post-PA 21 of 2019. SIX PIP choice tiers ($50K Medicaid-coordinated / $250K / $500K / Unlimited [default] / Medicare opt-out / QHC opt-out). One-year-back rule (§ 3145): PIP action within 1 year of accident AND damages cannot reach more than 1 year before filing (damages cliff). Medicare-based fee schedule (§ 3157, eff. 7/1/2021) with annual CPI adjustment off 1/1/2019 baseline (2026 = base × 1.1638 per DIFS Bulletin 2026-09-INS). 56-hr/week family attendant-care cap (§ 3157(10) → MCL § 418.315(1)). Andary v. USAA (MSC 2023, decided 7/31/2023): pre-June 11, 2019 injured persons have vested rights to uncapped pre-reform PIP (no fee schedule, no 56-hr cap); Fremont (COA 4/11/2025) extended this to the entire § 3157 fee schedule. Motorcyclists EXCLUDED from PIP (sue from first dollar). MCCA reimburses above the catastrophic threshold (~$635K). PIP tier identification is THE gating MI intake question.

Michigan injury claims — common questions

Is Michigan a no-fault state?

Yes. Michigan is a no-fault state, which means your own Personal Injury Protection (PIP) coverage pays for your medical bills and certain losses first, regardless of who caused the crash. You can step outside the no-fault system to pursue the at-fault driver only if your injuries meet a legal threshold.

What is Michigan's fault rule for a car accident?

Michigan follows modified comparative — 51% bar. You can recover only if you were 50% or less at fault; your award is reduced by your share.

How long do I have to file an injury claim in Michigan?

In Michigan the statute of limitations for a personal-injury claim is generally 3 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.