Michigan Comparative Negligence Law: What You Need To Know
Michigan uses a modified comparative negligence system, often called the “50% rule.” If you are found 50% or less at fault for a car accident, you can still recover compensation, but your damages will be reduced by your percentage of fault. If you are found more than 50% at fault, you are barred from recovering pain and suffering compensation, though you may still recover a reduced amount of economic damages.
How Michigan reduces your damages
- If you are 50% or less at fault: You can recover both economic damages (medical bills, lost wages) and non-economic damages (pain and suffering). Your total award is reduced directly by your percentage of fault.
- If you are 51% or more at fault: You are barred from recovering any non-economic damages. You may still recover a reduced amount of economic damages, but only for the portion not attributable to your own fault.
Practical example
If you’re involved in a car accident and a jury determines you are 10% at fault (for example, following too closely) and the other driver is 90% at fault (for example, running a red light), your compensation would be calculated as follows:
- Total Damages: $100,000
- Fault Reduction: $10,000 (your 10% share)
- Final Payout: $90,000
However, if an auto accident victim in Michigan is found without any fault and is completely innocent — 0% at fault — then comparative negligence will not reduce the amount of damages that the victim recovers.
Even if you’re found more than 50% at fault, pursuing a claim can still be worthwhile if your economic losses are large enough — for example, from significant wage loss or high medical bills.
In a No-Fault state like Michigan, comparative negligence does not come into play at all when it comes to No-Fault benefits because they are paid regardless of who causes a car accident. In other words, even if a person is 100% at fault for causing a car crash, that fact would not in any way interfere with his or her right to recover No-Fault PIP benefits.
But the Michigan comparative negligence law does affect claims for vehicle damage repair costs and excess No-Fault medical and lost wages benefits.
What Is Comparative Negligence In Michigan?
Michigan follows a modified comparative negligence law, which means you may still recover compensation for your injuries as long as you are found to be less than 51% at fault for the accident. However, the amount you receive will be reduced by your percentage of fault. If you are found to be 51% or more at fault, you are not entitled to recover any damages—even if the other party also acted negligently. This law applies to personal injury, property damage, and wrongful death claims.
For example, if there is a Michigan auto accident involving two cars and two drivers, it may be determined that the primary “at fault” driver was 70% at fault, but the auto accident victim’s comparative negligence was 30%.
Based on the victim’s fault in the example above (i.e., his or her percentage of fault as compared to the other driver), if the jury returned a verdict for $1 million, the victim’s recovery would be reduced by 30% or $300,000.
Michigan’s “comparative fault” statute provides:
“In an action based on tort or another legal theory seeking damages for personal injury, property damage, or wrongful death, the court shall reduce the damages by the percentage of comparative fault of the person upon whose injury or death the damages are based . . . If that person’s percentage of fault is greater than the aggregate fault of the other person or persons, whether or not parties to the action, the court shall reduce economic damages by the percentage of comparative fault of the person upon whose injury or death the damages are based . . . and noneconomic damages shall not be awarded.” (MCL 600.2959)”
How Does The Michigan Comparative Negligence Law Affect A Car Crash Victim’s Claim For Pain And Suffering Compensation?
A car crash victim’s claim for pain and suffering compensation is “assessed on the basis of comparative fault,” meaning that the victim’s recovery will be reduced by a percentage equal to the victim’s percentage of fault for the auto accident. (MCL 500.3135(2)(b))
However, an auto accident victim will be disqualified from recovering pain and suffering compensation – which is also known as noneconomic loss damages – if the victim was “more than 50% at fault” for causing or contributing to the crash. (MCL 500.3135(2)(b))
Here is how “comparative fault” is explained to Michigan jurors in an auto accident case where the crash victim is seeking pain and suffering compensation – or noneconomic loss damages:
“Negligence on the part of the plaintiff does not bar recovery by plaintiff against the defendant for damages for noneconomic loss unless plaintiff’s negligence is more than 50 percent. If the plaintiff’s negligence is more than 50 percent, [the] verdict will be for the defendant as to plaintiff’s claim for damages for noneconomic loss. Where the plaintiff’s negligence is 50 percent or less, the percentage of negligence attributable to plaintiff will be used by the court to reduce the amount of damages for noneconomic loss that . . . were sustained by the plaintiff. (M Civ JI 36.06, see “Comparative Negligence” portion of instruction)
Can Comparative Fault Disqualify Me From Recovering No-Fault Benefits?
No. Comparative fault will not and cannot disqualify you from recovering No-Fault benefits to pay for medical bills and lost wages after you were injured in a car crash because your auto insurance company must pay No-Fault PIP benefits “without regard to fault.” (MCL 500.3105(2))
How Does The Michigan Comparative Negligence Law Affect Excess No-Fault Benefits?
It will reduce the amount of excess No-Fault benefits for medical bills and lost wages that you can recover based on your percentage of fault for causing or contributing to the auto accident that resulted in injuries and, thus, your need for No-Fault benefits.
Here is how “comparative fault” is explained to Michigan jurors in an auto accident case where the crash victim is seeking economic damages for excess No-Fault medical and wage loss benefits:
“Negligence on the part of the plaintiff does not bar recovery by plaintiff against the defendant for damages for economic loss. However, the percentage of negligence attributable to the plaintiff will be used by the court to reduce the amount of damages for economic loss that . . . were sustained by plaintiff. (M Civ JI 36.06, see “Comparative Negligence” portion of instruction)
The Michigan Comparative Negligence Law And Vehicle Damage Claims
In Michigan, the comparative negligence law will apply to your vehicle damage claims under the mini tort law. Although the maximum recovery is $3,000, your recovery will be reduced based on your “comparative fault” and if you were “more than 50% at fault, then you will be disqualified from recovering. (MCL 500.3135(3)(e) and (4)(a)).
Pure Comparative Fault States
There are 13 states that use a pure comparative fault system which allows a car crash victim to recover damages even if he or she is 99% at fault, but reduces the damages recoverable by the victim’s percentage of fault:
- Alaska
- Arizona
- California
- Florida
- Kentucky
- Louisiana
- Mississippi
- Missouri
- New Mexico
- New York
- Rhode Island
- South Dakota
- Washington
Modified Comparative Fault States
There are 33 states with modified comparative fault systems whereby a car crash victim’s damages would be reduced by his or her percentage of fault – but he or she would be barred recovering any damages if the victim was either 50% or more OR more than 50% at fault:
- Arkansas (50% or more at fault)
- Colorado (50% or more at fault)
- Georgia (50% or more at fault)
- Idaho (50% or more at fault)
- Kansas (50% or more at fault)
- Maine (50% or more at fault)
- Nebraska (50% or more at fault)
- North Dakota (50% or more at fault)
- South Carolina (50% or more at fault)
- Tennessee (50% or more at fault)
- Utah (50% or more at fault)
- West Virginia (50% or more at fault)
- Connecticut (more than 50% at fault)
- Delaware (more than 50% at fault)
- Hawaii (more than 50% at fault)
- Illinois (more than 50% at fault)
- Indiana (more than 50% at fault)
- Iowa (more than 50% at fault)
- Massachusetts (more than 50% at fault)
- Michigan (more than 50% at fault)
- Minnesota (more than 50% at fault)
- Montana (more than 50% at fault)
- Nevada (more than 50% at fault)
- New Hampshire (more than 50% at fault)
- New Jersey (more than 50% at fault)
- Ohio (more than 50% at fault)
- Oklahoma (more than 50% at fault)
- Oregon (more than 50% at fault)
- Pennsylvania (more than 50% at fault)
- Texas (more than 50% at fault)
- Vermont (more than 50% at fault)
- Wisconsin (more than 50% at fault)
- Wyoming (more than 50% at fault)
Comparative Fault Vs Contributory Negligence
In Michigan, comparative fault and contributory negligence differ in how they handle an accident victim’s role in causing his or her injuries. Under comparative fault, a victim’s fault merely reduces his or her damages. Under contributory negligence, any amount of negligence by the victim precludes all recovery of damages.
Michigan is not a contributory negligence state. The law provides that “a plaintiff’s contributory fault does not bar that plaintiff’s recovery of damages” in “an action based on tort or another legal theory seeking damages for personal injury, property damage, or wrongful death,” except as provided under the “comparative fault” law. (MCL 600.2958)
The four contributory negligence states are: (1) Alabama; (2) Maryland; (3) North Carolina; and (4) Virginia. The District of Columbia is also a contributory negligence jurisdiction.
The Bottom Line
When you’ve been injured in a car accident, determining who is at fault can make a major difference in the compensation you receive. Michigan uses a system called comparative negligence, which means fault can be shared between drivers. How much blame is assigned to you directly impacts how much you can recover for your injuries, medical bills, lost wages, and pain and suffering. Below are the key aspects of how comparative negligence works in Michigan:
- Shared Fault – Michigan follows a modified comparative negligence rule. If you are 50% or less at fault, you can still recover damages (though your recovery is reduced by your percentage of fault). If you are 51% or more at fault, you cannot recover pain and suffering compensation.
- Evidence Matters – Proving fault requires strong evidence, such as police reports, crash scene photos, video footage, witness statements, and expert testimony. Insurance companies often use this evidence to try to shift more blame onto you.
- Seatbelt Rule – If you were not wearing a seatbelt at the time of the crash, this can be considered comparative negligence and may reduce your recovery, even if the other driver was mostly at fault.
- Economic vs. Noneconomic Damages – Economic losses (like medical expenses and lost wages) can still be recovered even if you are more than 50% at fault. Noneconomic damages (pain and suffering) are only available if you are 50% or less at fault.
- Why Legal Help Is Critical – Determining fault is complex, and insurance companies use comparative negligence to limit what they pay. An experienced lawyer can protect your rights and fight for the maximum compensation you deserve.
Why Should I Choose The Attorneys At Your Law Firm For My Crash Case?
When you’ve been injured in a car crash, who you choose to represent you can make all the difference in the outcome of your case. Our attorneys are the most trusted and experienced car accident lawyers in the state, with a track record of securing the largest settlements and verdicts for our clients year after year.
Michigan’s comparative negligence law makes it especially important to have skilled legal representation. Because your recovery can be reduced if the insurance company claims you were partially at fault, you need attorneys with the knowledge and experience to push back. We know how insurers like to limit payouts, and our strong negotiating skills consistently maximize compensation for our clients.
Our team has a deep understanding of Michigan’s No-Fault law, the court system, and the legal process, which allows us to move cases forward efficiently and often settle them faster. We are also the most awarded car accident lawyers in the state, recognized for both our results and our dedication to client service.
Most importantly, we are caring and compassionate advocates. We make it a priority to keep you informed, return your calls, and communicate with you throughout the entire process so you never feel alone in your case.
With our attorneys, you’re choosing proven experience, trusted results, and a team that will fight tirelessly to protect your rights while supporting you every step of the way.
Injured In A Car Accident In Michigan And Have Questions About Comparative Negligence And How It Can Impact Your Case? Call Our Attorneys Now For A Free Consultation!
If you were injured in a car accident in Michigan and have concerns and questions about how comparative negligence could affect your case, call now (800) 968-1001 for a free consultation with one of our experienced car accident lawyers. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.
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Written By
Steve M. Gursten,
Attorney,
License#: P53632
Steven Gursten, attorney at Michigan Auto Law and one of the most successful auto accident attorneys in Michigan. Michigan Auto Law represents people seriously injured in car, truck, motorcycle, and bus accidents, including catastrophic injury, traumatic brain injury, and No-Fault insurance cases. Steven has recovered the largest reported auto and truck accident settlement of any Michigan lawyer, and has been named Michigan Lawyer of the Year and a Top 50 Michigan Super Lawyer.
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