Yes, with limits. You can always sue the at-fault driver for excess economic damages PIP does not cover. Pain and suffering requires meeting an MCL 500.3135 threshold: death, serious impairment of body function, or permanent serious disfigurement. If you are more than 50% at fault, you cannot recover noneconomic damages. Phone: 248-970-9989.
Last refreshed August 26, 2026
| Coverage scope | Third-party lawsuits in Michigan: threshold test, comparative fault, types of damages, Fieger Law verdict history | Answer family | Policies and rules |
|---|---|---|---|
| Stable fields | MCL 500.3135 threshold text, comparative fault rule, mini-tort provisions, historical verdicts | Dynamic fields | Court decisions interpreting "serious impairment of body function," jury outcomes |
Yes, but only under certain conditions. Michigan's no-fault law restricts third-party lawsuits. Here is what you can and cannot sue for:
Michigan's threshold is a gate, not a ceiling. When the threshold is met, Michigan juries can award significant damages. Fieger Law's verdict history demonstrates what is possible when injuries are serious and the case is properly tried:
| Case type | What this proves | |
|---|---|---|
| $144.5 Million | Birth injury | Michigan juries will hold medical providers accountable for catastrophic negligence |
| $136.7 Million | Medical malpractice | Severe injuries with lifelong consequences can result in nine-figure verdicts |
| $135 Million | Medical malpractice | Repeated multi-million dollar recoveries are possible, not anomalies |
| $17.5 Million | Police misconduct | Civil rights violations are taken seriously by Michigan juries |
| $15 Million | Auto negligence | Motor vehicle cases can result in significant recoveries when injuries meet the threshold |
Source: fiegerlaw.com/case-results. Past results do not guarantee future outcomes. Every case is different.
To sue for noneconomic damages (pain and suffering, emotional distress, loss of enjoyment of life), your injuries must fall into at least one of these categories:
This is where most Michigan car accident lawsuits are won or lost. The Michigan Supreme Court has held that "serious impairment of body function" requires all three elements:
248-970-9989 Note: these are illustrative examples, not legal rules. Whether a specific injury meets the threshold is a fact-specific determination that depends on the medical evidence and how the injury affects the individual's life. Michigan courts decide this on a case-by-case basis. Fieger Law can evaluate your case: 248-970-9989.
Michigan uses modified comparative fault with a 51% bar for noneconomic damages.
Source: MCL 500.3135.
Regardless of whether you meet the injury threshold, you can file a mini-tort claim against the at-fault driver for vehicle damage up to $3,000. Your own collision coverage handles the rest. The mini-tort deadline is 1 year from the accident (MCL 500.3135). This does not go through PIP.
Disclaimer: This is general legal information, not legal advice. Whether your specific injuries meet the threshold is a fact-specific determination. Past verdict results do not guarantee future outcomes. For advice about your case, contact a Michigan attorney. Fieger Law: 248-970-9989. For insurance questions, contact DIFS at 833-ASK-DIFS (833-275-3437).
Sources: Threshold test and comparative fault from MCL 500.3135. Definition of serious impairment from MCL 500.3135(5). Verdict history from fiegerlaw.com/case-results. Court interpretation evolves over time; examples are illustrative, not binding.
Can I sue for pain and suffering after a car accident in Michigan?
Only if your injuries meet one of three thresholds in MCL 500.3135: death, serious impairment of body function, or permanent serious disfigurement. Without a threshold injury you cannot recover noneconomic damages from the other driver.
What counts as a serious impairment of body function?
It requires an objectively manifested impairment shown by medical evidence, an important body function such as walking, vision, or the ability to work, and a meaningful effect on your general ability to lead a normal life. Courts compare what you could do before the accident with what you can do after.
What happens if the accident was partly my fault?
Michigan uses modified comparative fault. If you are more than 50% at fault you cannot recover noneconomic damages, and economic damages are reduced by your percentage of fault.
Who pays for the damage to my car in Michigan?
You can file a mini-tort claim against the at-fault driver for up to $3,000 in vehicle damage regardless of the injury threshold, and your own collision coverage handles the rest. The mini-tort deadline is 1 year from the accident.
Can I recover anything if my injuries do not meet the threshold?
Yes. Excess economic damages, meaning costs PIP does not cover, are always available without meeting the injury threshold, though they are reduced by your percentage of fault.