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Michigan Car Accident Lawyer

Serving drivers across Michigan, including Detroit, Grand Rapids, Ann Arbor, Lansing, Flint.

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Michigan has the most complicated no-fault auto insurance system in the United States. The 2019 reforms (PA 21 and 22 of 2019, effective July 1, 2020) replaced mandatory lifetime PIP with a tiered system where drivers choose their own PIP medical limit. To sue the at-fault driver for pain and suffering you must meet the "serious impairment of body function" threshold under MCL 500.3135. Getting any of this wrong can cost you tens of thousands in coverage.

Michigan Car Accident Laws at a Glance

Statute of limitations (personal injury): 3 years from the date of the crash for general tort claims (MCL 600.5805). No-fault PIP claims: 1 year from date of incident to file written notice; 1 year back for benefits (MCL 500.3145).
Statute of limitations (wrongful death): 3 years from the date of death
Fault rule: Modified comparative fault — 51% bar for non-economic damages. If you are more than 50% at fault, you cannot recover non-economic damages (pain and suffering) from the at-fault driver. Economic damage recovery reduced proportionally (MCL 600.2959).
Insurance system: No-fault with a "serious impairment" threshold. PIP pays your medical bills regardless of fault, up to your elected tier. To sue the at-fault driver for pain and suffering, you must meet the threshold in MCL 500.3135.
Minimum liability coverage: Default BI: $250,000 per person / $500,000 per accident. Opt-out minimum: $50,000 / $100,000 (requires signed opt-out form). PIP: tiered (choose $50,000 / $250,000 / $500,000 / unlimited / opt-out if Medicare/private coverage qualifies).
UM/UIM coverage: Optional; not required by statute. Critical because of the no-fault threshold limits on third-party recovery.
Claims against government entities: Claims against the State of Michigan: filed with the Court of Claims; typically 1 year to give notice under MCL 600.6431.

Source: Michigan Department of Insurance and Financial Services, Michigan Compiled Laws (MCL) Acts 218 and 236. Rules change. Verify current deadlines and requirements with a licensed Michigan attorney before relying on any specific figure.

How Michigan fault rules affect your recovery

Michigan’s modified comparative fault rule (MCL 600.2959) bars non-economic damage recovery if you are more than 50% at fault. Economic damages may still be recovered, reduced proportionally. The 50/50 threshold matters most when you’re pursuing pain and suffering outside the no-fault system, which requires both (a) meeting the "serious impairment" threshold under MCL 500.3135 AND (b) not being more than 50% at fault.

Michigan insurance system and your claim path

Michigan is a no-fault state, but since July 1, 2020, drivers choose their own PIP medical limit from a tiered menu ($50,000 for Medicaid recipients, $250,000, $500,000, unlimited, or opt-out if Medicare or qualifying private coverage applies). PIP pays your medical bills regardless of fault up to the selected limit. To sue the at-fault driver for pain and suffering, your injury must meet the "serious impairment of body function" or "permanent serious disfigurement" threshold under MCL 500.3135 — a three-part test requiring objective manifestation, importance of the body function affected, and effect on your general ability to lead your normal life. Minimum BI coverage is $250,000 per person / $500,000 per accident by default, but drivers may elect lower limits ($50,000 / $100,000) by signing a specific form.

Damages available in a Michigan car accident claim

Inside the no-fault system, PIP covers medical expenses up to the selected limit, plus a portion of lost wages (85% up to a monthly cap, for up to 3 years). Outside the no-fault system (meeting the serious impairment threshold), plaintiffs can recover non-economic damages (pain and suffering, loss of consortium, mental anguish), excess medical expenses beyond PIP, excess wage loss, and future care needs. Punitive damages are not recognized in typical Michigan auto cases; exemplary damages are narrowly available.

Damage caps: Michigan does not recognize punitive damages in typical tort cases; exemplary damages are narrowly available. No statutory cap on compensatory damages in auto negligence cases (caps exist in medical malpractice).

What to do after a Michigan crash

Get medical care immediately. Delayed treatment is one of the most common reasons insurers discount claims. Same-day or next-day records tie injuries directly to the crash.
Report the crash and file any required state accident report. Most states require a written report within 10 days for qualifying crashes.
Document the scene. Photos, video, skid marks, debris positions, traffic signals, and weather all matter. Get the names and contact information of witnesses before people disperse.
Do not give recorded statements. Early insurer statements are used to undercut claim value later. Be factual with police; defer substantive statements until legal review.
Preserve evidence. Keep damaged clothing, equipment, and vehicle photographs. Do not authorize repairs or disposal until documented.
Track expenses and losses. Every medical bill, every missed work shift, every receipt for transportation to medical appointments.

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Michigan Car Accident FAQ

How long do I have to file a car accident lawsuit in Michigan?

For general tort claims, 3 years from the crash date (MCL 600.5805). For no-fault PIP benefits: you must give written notice within 1 year, and you can recover benefits for 1 year prior to filing (MCL 500.3145). Missing either PIP deadline can permanently forfeit benefits.

What is the "serious impairment" threshold in Michigan?

Under MCL 500.3135, to sue the at-fault driver for pain and suffering you must show (1) an objectively manifested impairment (2) of an important body function (3) that affects your general ability to lead your normal life. Soft-tissue-only injuries without objective findings often face fights over whether this threshold is met.

How did the 2019 Michigan no-fault reforms change my coverage?

Effective July 1, 2020, mandatory lifetime PIP was replaced by a tiered system. Drivers now choose a PIP medical limit ($50K Medicaid, $250K, $500K, unlimited, or qualified opt-out). You may not know what tier you chose — check your declarations page. Under-tier coverage is a major risk in serious injury cases.

What if I was partly at fault for a Michigan crash?

Under MCL 600.2959, if you are more than 50% at fault, you cannot recover non-economic damages. Economic damages (PIP medical, wage loss) are reduced proportionally but not barred by the 51% rule.

Do I need UM/UIM coverage in Michigan?

It is not required by statute, but strongly recommended. If the at-fault driver has minimum BI limits (as low as $50,000 / $100,000 with an opt-out), UM/UIM is often the difference between a full recovery and a partial one.

Can I sue a Michigan government entity for a crash?

Yes, but the Governmental Immunity Act and Court of Claims rules apply. Notice requirements typically run within 1 year (MCL 600.6431). Consult a Michigan attorney quickly — missed notice bars most claims.

What is the "mini tort" recovery in Michigan?

Mini tort allows up to $3,000 recovery against the at-fault driver for your vehicle damage not covered by your own collision insurance (MCL 500.3135(3)). Separate from PIP and BI liability.