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MICHIGAN AUTO INSURANCE GUIDE

Michigan Comparative Fault & Crash Liability

Michigan uses comparative fault, but its effect differs by damage category. Under MCL 600.2959, damages are reduced in proportion to the claimant’s fault. When the claimant’s percentage of fault is greater than the aggregate fault of other persons, noneconomic damages are barred, while economic damages remain subject to proportional reduction rather than a complete bar.

  • Separate economic damages from noneconomic damages when assessing the effect of comparative fault.
  • Identify all persons whose fault may be allocated.
  • Preserve physical, electronic and witness evidence relevant to causation and fault percentages.
  • Apply the comparative-fault statutes together with Michigan no-fault limitations and threshold rules.

Primary Michigan Source

MCL 600.2959 — Comparative Fault

Current-law review: September 16, 2026. Michigan’s comparative-fault consequences should be analyzed separately for economic and noneconomic loss.