Michigan No-Fault Threshold: Serious Impairment of Body Function

By the FigureMyTax Editorial Team · How we calculate

In Michigan you remain subject to tort liability for noneconomic loss only if the injured person suffered death, a serious impairment of body function, or a permanent serious disfigurement. A serious impairment is objectively manifested, affects an important body function and affects your general ability to lead your normal life.

The rule

MCL 500.3135(1) says a person remains subject to tort liability for noneconomic loss caused by ownership, maintenance or use of a motor vehicle only if the injured person has suffered death, serious impairment of body function, or permanent serious disfigurement.

What a serious impairment is

Subsection (5) requires an impairment that (a) is objectively manifested, meaning observable or perceivable from actual symptoms or conditions by someone other than the injured person; (b) is an impairment of an important body function, one of great value, significance or consequence to the injured person; and (c) affects the injured person's general ability to lead his or her normal life, meaning it has influenced some of the capacity to live in the normal manner. There is no temporal requirement for how long the impairment must last, and the examination is fact-specific, comparing life before and after the incident.

Court or jury

Whether the threshold is met is a question of law for the court if there is no factual dispute, or the dispute is not material. For a closed-head injury, a jury question is created if a physician who regularly diagnoses or treats closed-head injuries testifies under oath that there may be a serious neurological injury.

Fault and uninsured drivers

Damages must be assessed on the basis of comparative fault, but not in favor of a party more than 50 percent at fault, or a party operating his or her own vehicle without the security required by section 3101(1). See Michigan comparative negligence.

What is not limited

Subsection (3) keeps tort liability for intentionally caused harm; allowable expenses, work loss and survivor's loss above the applicable limits; economic loss by a nonresident who meets the threshold; and vehicle damage up to $3,000 for accidents after July 1, 2020, not covered by insurance. The liable party's liability is reduced by the taxes that would have been payable on the lost income.

Using the calculator

The Michigan no-fault calculator tests the three injuries and your own insurance status, and adds economic losses above PIP limits. For how non-economic damages are valued, see Michigan pain and suffering and economic vs. non-economic damages.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Michigan's rules apply to your specific case with a licensed Michigan attorney.