The rule in two sentences
In a lawsuit against the at-fault driver, your damages are reduced by your own percentage of fault (MCL 600.2959). If your fault is more than 50%, you cannot recover non-economic damages at all (MCL 500.3135(2)(b)), and any economic damages you can still claim are reduced by your share.
How the numbers work
| Your share of fault | Non-economic damages (pain, suffering) | Economic damages (excess medical, wage loss) |
|---|---|---|
| 0% | Full amount | Full amount |
| 1% to 50% | Reduced by your percentage | Reduced by your percentage |
| More than 50% | Barred | Reduced by your percentage |
Example: a jury finds you 20% at fault. Every category of damages it awards is reduced by 20%. If it finds you 51% at fault, the pain and suffering award is zero.
Fault does not touch your PIP benefits
Michigan no-fault benefits are paid without regard to who caused the crash. A driver who ran a red light still receives PIP medical, wage loss and household help benefits from the priority insurer. See which insurer pays. The fault fight matters for the claim against the other driver.
One separate bar has nothing to do with fault percentages: a person driving their own vehicle without the required insurance cannot recover damages in the tort claim (MCL 500.3135(2)(c)) and may be barred from PIP; see if you were uninsured.
Alcohol and drugs
MCL 600.2955a gives defendants an absolute defense if the injured person’s ability to function was impaired by alcohol or a controlled substance and, as a result, that person was 50% or more the cause of the crash. If less than 50%, damages are reduced by that percentage. Note the line here is 50% or more, a stricter test than the general more-than-50% rule.
Everyone at fault is counted
The jury assigns percentages to every person whose fault contributed to the injury, whether or not that person is a party to the lawsuit (MCL 600.6304). In most cases each defendant pays only its own share. Multi-vehicle crashes, road defects and commercial vehicles can spread fault among several people, which affects both who you sue and how much each pays.
“Police reports contain a lot of mistakes. Being partly at fault doesn’t end your claim in Michigan, so talk to a lawyer before you accept the insurer’s word on fault.”
How insurers use fault to lower offers
Adjusters often assign you a share of fault early, then discount every offer by it. Common arguments:
- Speed for conditions, especially on ice and snow (see winter crashes)
- Failure to yield or a rolling stop, based on a vague witness account
- Phone use, based on the timing of texts or calls
- Statements you made at the scene or in a recorded call (see what not to say to an adjuster)
The answer is evidence: crash data from the vehicles, video from nearby businesses and traffic cameras, scene photos, the police report’s diagram and witness names, and sometimes a crash reconstruction. Much of it disappears within days or weeks.
The mini-tort claim for vehicle damage (up to $3,000) is also decided on comparative fault. See the Michigan mini tort.
Preserve evidence now. Business and traffic video is often overwritten within days. A letter asking the owner to preserve it is cheap; reconstructing fault without it is not. The lawsuit itself must be filed within three years of the crash (MCL 600.5805(2)).
Sources: MCL 600.2959; MCL 500.3135(2)(b), (2)(c), (4); MCL 600.2955a; MCL 600.6304; MCL 600.5805(2).
Questions people ask us
Can I recover if I was partly at fault for a Michigan car accident?
Yes. Your damages are reduced by your percentage of fault. If you were more than 50% at fault, you cannot recover non-economic damages such as pain and suffering, although economic damages reduced by your share remain available.
Does being at fault affect my no-fault PIP benefits?
No. PIP benefits are paid regardless of fault. Comparative fault applies to the lawsuit against the other driver, not to your own no-fault claim.
What if I was exactly 50% at fault?
The bar applies only when you are more than 50% at fault. At exactly 50%, your damages, including non-economic damages, are reduced by half.
Who decides the percentages?
The jury, or the judge if there is no jury. Each person whose fault contributed to the crash is assigned a percentage, including people who are not parties to the case.
