Michigan · Comparative fault · Updated Oct 2026

Comparative fault in Michigan: who pays when both drivers share the blame

How modified comparative fault with a 51% bar works in Michigan, the law behind it and how insurers apply it.

Short answer

In Michigan, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

Rule
Modified (51% bar)
You recover nothing at
51% of the fault or more
Law
MCL 600.2959 and MCL 500.3135(2)(b), (4)(a) — damages are cut by your share of fault; if you are more than 50% at fault you get no noneconomic damages (pain and suffering) and no mini-tort recovery, though economic damages in a general tort case are only reduced
Insurance system
No-fault

Insurance and small claims in Michigan

Every policy must carry PIP, property protection insurance (PPI) and residual liability. For policies issued or renewed after July 1, 2020, you choose a PIP medical limit: unlimited, $500,000, $250,000, $250,000 with exclusions (if you have qualifying health coverage), $50,000 (Medicaid enrollees) or no PIP medical (Medicare Parts A and B).

Small claims limit for car damage in Michigan: $7,000 for people and businesses. Mini-tort claims up to $3,000 must be filed in small claims whenever possible. Michigan small claims guide on Small Claims Map

How fast an insurer must handle a claim in Michigan

  • PIP benefits are overdue if not paid within 30 days after the insurer gets reasonable proof of the loss, and overdue amounts earn 12% interest a year (MCL 500.3142).
  • For other claims, the insurer must tell you in writing what proof of loss it needs within 30 days, and pay within 60 days after proof of loss, or owe 12% interest; for third-party claims interest applies only if liability is not reasonably in dispute and a court finds bad faith (MCL 500.2006).

More facts for Michigan

  • Mini-tort: you can recover up to $3,000 of uninsured car damage from the at-fault driver, in small claims court whenever possible (MCL 500.3135(3)(e), (4)).

If the insurer says you were partly at fault

  1. Get the police report. Michigan traffic crash reports (UD-10) can only be bought online through the Michigan State Police Traffic Crash Purchasing System (TCPS), which now uses a MiLogin account. Reporting a crash in Michigan and getting the police report
  2. Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
  3. If the insurer blames you without a good reason, complain to Michigan Department of Insurance and Financial Services (DIFS).
  4. Sue before the deadline: 3 years for both property damage and injury. Deadlines to sue in Michigan, with the calculator

Who pays in Michigan: fault and payout explainer

Modified comparative fault (51% bar)In Michigan, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

Free help in Michigan

Questions about comparative fault in Michigan

Is Michigan a comparative negligence state?

Yes, modified comparative negligence with a 51% bar. MCL 600.2959 and MCL 500.3135(2)(b), (4)(a) — damages are cut by your share of fault; if you are more than 50% at fault you get no noneconomic damages (pain and suffering) and no mini-tort recovery, though economic damages in a general tort case are only reduced.

Does fault still matter in Michigan's no-fault system?

Michigan is a no-fault state for injuries: your own personal injury protection (PIP) pays your first medical bills and lost income, whoever caused the crash. You can sue the other driver for injuries only in some cases, described below. Every policy must carry PIP, property protection insurance (PPI) and residual liability. For policies issued or renewed after July 1, 2020, you choose a PIP medical limit: unlimited, $500,000, $250,000, $250,000 with exclusions (if you have qualifying health coverage), $50,000 (Medicaid enrollees) or no PIP medical (Medicare Parts A and B).

Where can I complain if an insurer blames me unfairly in Michigan?

Michigan Department of Insurance and Financial Services (DIFS): https://www.michigan.gov/autoinsurance/file-a-complaint · 877-999-6442

How fast must an insurer handle a car insurance claim in Michigan?

PIP benefits are overdue if not paid within 30 days after the insurer gets reasonable proof of the loss, and overdue amounts earn 12% interest a year (MCL 500.3142). For other claims, the insurer must tell you in writing what proof of loss it needs within 30 days, and pay within 60 days after proof of loss, or owe 12% interest; for third-party claims interest applies only if liability is not reasonably in dispute and a court finds bad faith (MCL 500.2006).

How do I get the police report in Michigan?

Michigan traffic crash reports (UD-10) can only be bought online through the Michigan State Police Traffic Crash Purchasing System (TCPS), which now uses a MiLogin account. The fee is $15. Reports usually reach the system 3-30 days after the crash, depending on the police agency. Official info: https://www.michigan.gov/msp/divisions/cjic/traffic-crash-reporting-unit/tcru---frequently-asked-questions

More for Michigan drivers

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Sources

Last checked: Oct 24, 2026.