Michigan · Comparative Negligence

Michigan Comparative Negligence Rule

Michigan follows a modified 51% bar rule under Mich. Comp. Laws § 600.2959. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Updated 2026-05-22 · See all 50 states

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Key facts: Michigan

Rule type: Modified 51% bar
Max fault to recover: 50%
How recovery works: Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.
Last verified: 2026-05-22
Source type: Primary (state statute)

Details for Michigan

Hybrid scheme: pure comparative fault for economic damages, but a 51% bar for non-economic damages when the plaintiff’s fault is "greater than" the aggregate fault of others. The cutoff for non-economic damages is treated as the modified-51 threshold here.

Related: Michigan statute of limitations

Michigan gives you 3 years to file a personal injury lawsuit under Mich. Comp. Laws § 600.5805.

See the full Michigan statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed Michigan attorney before relying on it.

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Michigan Comparative Negligence FAQ

What comparative negligence rule does Michigan follow?

Michigan follows a modified 51% bar rule under Mich. Comp. Laws § 600.2959. Claimant barred when fault is greater than 50% (the 51% rule). Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Can I still recover if I was partly at fault for the accident in Michigan?

Yes, up to a point. In Michigan you can recover when your share of fault is 50% or less. Once you cross that threshold, you are barred from recovering anything at all.

How does this affect settlement negotiations in Michigan?

Insurance adjusters argue percentage of fault to reduce what they pay. Because Michigan bars recovery once fault exceeds 50%, even a small dispute about percentage can swing settlement value dramatically. Crossing the bar means zero recovery.

What is the personal injury statute of limitations in Michigan?

Michigan gives you 3 years to file a personal injury lawsuit under Mich. Comp. Laws § 600.5805.

Where can I read the actual rule?

The controlling authority is Mich. Comp. Laws § 600.2959. The full text is available at https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-2959.

See comparative negligence rules for all 51 covered states