By Serdar Arslan, editor · Last reviewed · How we research
Michigan's 2020 no-fault overhaul still shapes every crash claim in the state. Since July 1, 2020, drivers choose a PIP medical level instead of automatic unlimited coverage, default liability limits are $250,000/$500,000 unless you elect lower limits in writing (as low as $50,000/$100,000), and the 'mini-tort' claim for vehicle damage against the at-fault driver is capped at $3,000. Policies must also carry $1 million in Property Protection Insurance for damage your car does to property in Michigan.
Pain and suffering is available only for death, serious impairment of body function or permanent serious disfigurement. Under the no-fault act, a party more than 50% at fault cannot recover damages in an auto tort claim. The general filing deadline is 3 years. Government claims are much tighter: notice to the Court of Claims within 6 months for claims against the State, and 120 days for highway defect claims against other agencies. Michigan recorded 1,098 traffic deaths in 2024.
Key rules at a glance
| Personal injury filing deadline | 3 years from the date of injury Source: Mich. Comp. Laws § 600.5805(2) |
|---|---|
| Property damage deadline | 3 years from the date of the damage. Note that no-fault limits most vehicle-damage lawsuits to a small 'mini-tort' claim (see damage caps). Source: Mich. Comp. Laws § 600.5805(2) |
| Wrongful death deadline | Generally the same 3-year period, measured from the death or injury. If the person died before the period ran out, the estate's personal representative may file within 2 years after letters of authority are issued, but no later than 3 years after the regular period expired. |
| Claims against a government entity | For personal injury or property damage claims against the State of Michigan, a written claim or notice of intent must be filed with the Court of Claims clerk within 6 months of the event. Claims about highway defects against other government agencies generally require written notice within 120 days. |
| Fault rule | Modified comparative fault (51% bar): Your damages are reduced by your percentage of fault. If you are more than 50% at fault, you can still recover reduced economic damages in general negligence law, but you cannot recover noneconomic damages (like pain and suffering). For auto tort claims under the no-fault act, a party more than 50% at fault cannot recover damages. |
| Insurance system | No-fault · PIP is required. Since July 1, 2020, you choose a medical coverage level: unlimited, $500,000, $250,000, or lower options for people with qualifying Medicare, Medicaid, or other health coverage. PIP also pays lost wages for up to 3 years and up to $20 per day for replacement services. |
| Minimum liability insurance | $50,000 per person / $100,000 per accident bodily injury; $10,000 property damage Source: Mich. Comp. Laws § 500.3009 |
| Uninsured motorist coverage | Not required (usually offered; you may reject it in writing) |
| Damage caps | No general cap on damages against an at-fault driver. But to recover noneconomic damages (pain and suffering) you must have died, suffered a serious impairment of body function, or a permanent serious disfigurement. Vehicle damage claims against the at-fault driver ('mini-tort') are capped at $3,000 for accidents after July 1, 2020, to the extent not covered by insurance. |
| Reporting a crash | The driver must immediately report a crash that injures or kills anyone, or causes apparent property damage of $1,000 or more, to the nearest or most convenient police station or officer. Source: Mich. Comp. Laws § 257.622 |
Getting your crash report in Michigan
Buy a copy of your crash report online through the Michigan State Police Traffic Crash Purchasing System (TCPS), which requires a MiLogin account. The fee is $15. Reports are available for up to 10 years; older ones require a FOIA request. Official request page
Checking a Michigan lawyer
Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.
- License search: State Bar of Michigan – Member Directory
- Lawyer referral: State Bar of Michigan Lawyer Referral Service · (800) 968-0738
1,098 people died in motor vehicle crashes in Michigan in 2024, according to IIHS analysis of NHTSA FARS data.
Frequently asked questions
›What PIP medical options do Michigan drivers have?
Since July 1, 2020, you choose a medical coverage level: unlimited, $500,000, $250,000, or lower options for people with qualifying Medicare, Medicaid or other health coverage. PIP also pays lost wages for up to 3 years and up to $20 per day for replacement services.
›How much can I get in a Michigan mini-tort claim?
Up to $3,000 for accidents after July 1, 2020, to the extent the vehicle damage is not covered by insurance. The mini-tort is a claim against the at-fault driver, because no-fault limits most vehicle-damage lawsuits to this small claim.
›When can I sue for pain and suffering after a crash in Michigan?
Only if the injured person died, suffered a serious impairment of body function, or has a permanent serious disfigurement. Under the no-fault act, a party more than 50% at fault cannot recover damages (Mich. Comp. Laws § 500.3135(2)(b)).
›What is the deadline to sue after a Michigan crash?
Generally 3 years from the date of injury or damage (Mich. Comp. Laws § 600.5805(2)). For wrongful death, the estate's personal representative may in some cases file within 2 years after letters of authority are issued, but no later than 3 years after the regular period expired (§ 600.5852).
›Can I sue the state over a pothole or road defect?
Possibly, but deadlines are short. Claims against the State of Michigan require a written claim or notice of intent filed with the Court of Claims clerk within 6 months (Mich. Comp. Laws § 600.6431(4)). Highway defect claims against other government agencies generally require written notice within 120 days (§ 691.1404).
Sources
- Mich. Comp. Laws § 600.5805 (limitations)
- Mich. Comp. Laws § 600.5852 (actions after death)
- Mich. Comp. Laws § 600.6431 (claims against the state)
- Mich. Comp. Laws § 600.2959 (comparative fault)
- Mich. Comp. Laws § 500.3135 (tort threshold, mini-tort)
- Mich. Comp. Laws § 500.3009 (liability limits)
- Mich. Comp. Laws § 500.3107 (PIP benefits)
- Michigan DIFS – A teen's guide to car insurance
- Mich. Comp. Laws § 257.622 (crash reporting)
- Michigan State Police – Traffic Crash Reporting Unit FAQ
- IIHS – Fatality statistics by state