Modified Comparative Fault (51% Bar)
Mich. Comp. Laws § 600.2959
Michigan follows modified comparative negligence. Your recovery is reduced by your percentage of fault, and if you are 51% or more at fault, you recover nothing. Michigan courts apply this threshold on a per-defendant basis in multi-party cases.
3-Year Statute of Limitations
Mich. Comp. Laws § 600.5805(2)
Michigan has a 3-year statute of limitations for personal injury claims, running from the date of injury. Wrongful death claims must be filed within 3 years of the date of death (Mich. Comp. Laws § 600.5805(2)). Claims against government entities require notice within 6 months (MCL § 691.1404).
No-Fault Auto Insurance System (PIP)
Mich. Comp. Laws § 500.3101 et seq.
Michigan is one of only a handful of true no-fault auto insurance states. Drivers must carry Personal Injury Protection (PIP) that covers medical expenses, lost wages (up to 85% for 3 years), and household services regardless of fault. The 2019 reform (PA 21) made PIP coverage limits optional — drivers may choose unlimited, $500K, $250K, $100K, or $50K (Medicaid-eligible only). This has left many accident victims underinsured.
Serious Impairment Threshold for Pain & Suffering
Mich. Comp. Laws § 500.3135
To sue a negligent driver for non-economic damages (pain and suffering) in Michigan, the injured party must prove a 'serious impairment of body function' — defined as an objectively manifested impairment of an important body function that affects the person's general ability to lead their normal life. This is one of the highest tort thresholds in the nation and is a question of law for the court.
No-Fault Mini-Tort Property Damage
Mich. Comp. Laws § 500.3135(3)(e)
Under Michigan's no-fault system, you can only sue the at-fault driver for up to $3,000 in vehicle damage (the 'mini-tort'). Your own collision coverage pays for vehicle repairs above this amount. This is a uniquely Michigan limitation that surprises many accident victims.
Dram Shop Liability
Mich. Comp. Laws § 436.1801
Michigan's Dram Shop Act allows injured parties to sue licensed alcohol retailers who sold alcohol to a 'visibly intoxicated' person who subsequently caused injury. The statute also covers sales to minors. Michigan courts have interpreted 'visibly intoxicated' strictly — the standard requires outward signs of intoxication observable to a reasonable person.
OWI / Impaired Driving Law
Mich. Comp. Laws § 257.625
Michigan's Operating While Intoxicated (OWI) law sets the BAC limit at .08 for adults, .02 for those under 21, and .04 for commercial drivers. Michigan also has an 'Operating While Visibly Impaired' (OWVI) offense at lower BAC levels. High BAC (.17+) triggers 'Super Drunk' enhanced penalties (MCL § 257.625(1)(c)). In 2023, approximately 41% of all traffic fatalities in Michigan involved alcohol and/or drugs (MSP OHSP).