Michigan remains a no-fault state.
Michigan's no-fault system can provide first-party benefits after a vehicle injury, while separate tort rules govern when an injured person can pursue certain damages from an at-fault party. “No-fault” is therefore not the same thing as “nobody can be sued.”
The Michigan Department of Insurance and Financial Services (DIFS) is the state's primary consumer source for auto-insurance guidance.
Primary source: Michigan DIFS — Auto / Vehicle Insurance
PIP medical coverage now has multiple choices.
DIFS identifies six PIP medical coverage levels: unlimited; $500,000; $250,000; $250,000 with qualifying exclusions; $50,000 for certain Medicaid households; and an opt-out for qualifying Medicare enrollees. Eligibility for exclusions or opt-out depends on statutory requirements and coverage status.
PIP can involve medical expenses and other no-fault benefits, but the available amount and priority of insurers depends on the facts and selected coverage.
Primary source: DIFS — Choosing PIP Medical Coverage
When can an injured person pursue noneconomic loss?
Michigan's motor-vehicle tort statute preserves liability for noneconomic loss when the injured person has suffered death, serious impairment of body function, or permanent serious disfigurement. The statute contains detailed definitions and rules that must be applied to the actual injury and life impact.
Other categories of recoverable loss can involve separate statutory rules, including excess economic losses in appropriate cases.
Primary source: Michigan Legislature — MCL 500.3135
Michigan uses comparative fault.
Michigan law reduces damages by the injured person's percentage of comparative fault. The statute further provides that when that person's fault is greater than the aggregate fault of the other persons, economic damages are reduced by the fault percentage and noneconomic damages are not awarded.
The motor-vehicle tort statute also contains comparative-fault provisions specific to motor-vehicle claims.
Primary sources: MCL 600.2959 and MCL 500.3135
Michigan mini-tort can reach $3,000.
DIFS states that for accidents after July 1, 2020, a driver who is 50% or more at fault may be liable for up to $3,000 in qualifying damage to the other vehicle that is not otherwise covered by insurance. The precise recovery depends on insurance coverage and the vehicle-damage facts.
Primary source: DIFS — Auto Insurance Frequently Asked Questions
When must a Michigan crash be reported?
Michigan State Police says MCL 257.622 requires a driver to immediately report a motor-vehicle accident that injures or kills a person or causes apparent property damage totaling $1,000 or more. Separate statutes address stopping at the scene, exchanging identifying information, and assisting injured people.
Primary sources: Michigan State Police — Traffic Crash Reporting FAQ and Michigan Vehicle Code — Accidents
Deadlines are claim-specific.
Michigan's Revised Judicature Act generally provides a three-year period for actions to recover damages for injury to a person or property. But that general rule is not the only deadline that can matter. No-fault benefit claims, governmental defendants, unidentified/uninsured-motorist coverage, contractual policy provisions, minors, wrongful-death estates and other circumstances can create different notice, accrual, or limitation issues.
Case-specific notice and proof requirements can arise much earlier. Preserve evidence and review the applicable statute, policy and defendant promptly.
Primary source: Michigan Legislature — MCL 600.5805. See also MCL 500.3145 for no-fault benefit actions.
Fatal crashes can create a wrongful-death action.
Michigan's wrongful-death statute provides for an action when death is caused by a wrongful act, neglect, or fault that would have supported liability had death not resulted. The action is brought by the deceased person's personal representative, with statutory procedures governing notice, settlement and distribution.
Primary source: Michigan Legislature — MCL 600.2922