Disputes over fault are common in Michigan car accident cases, and situations where both drivers contributed to the collision are common. Michigan’s comparative fault rule helps insurance companies and courts determine compensation in these cases, but the law can be difficult to understand. Furthermore, knowing how the law applies is crucial to recovering fair compensation for your injuries.
What Is Comparative Fault?
Comparative fault, also called comparative negligence, is a rule that affects how legal and financial responsibility is shared in personal injury cases. It means that courts must reduce the compensation they award to a plaintiff (the person bringing a lawsuit) based on the degree of fault the plaintiff bears for their injuries. For example, a court that finds a plaintiff to be 20 percent at fault for their injuries would reduce the plaintiff’s award by 20 percent. That way, the defendant does not pay for the portion of the plaintiff’s injuries that was not the defendant’s fault.
Some states don’t let people recover compensation if they played any role in causing their own injuries. Other states, including Michigan, take a more nuanced approach.
What Is Michigan’s Comparative Fault Rule?
Under Michigan’s comparative fault system, a plaintiff can recover compensation even when they are partially at fault for their injuries. Any percentage of fault assigned to the plaintiff will reduce their compensation accordingly. Furthermore, if the plaintiff’s share of fault is greater than the fault of all other parties, they cannot recover noneconomic damages at trial—that is, compensation for pain and suffering, emotional distress, and reduced quality of life.
Here’s how Michigan’s comparative fault laws interact with its auto insurance rules. Under the state’s no-fault insurance system, each person’s auto policy covers their medical expenses and lost wages up to their policy limits, regardless of who caused the crash. If these costs exceed a driver’s policy limits, the driver can pursue a personal injury claim against other at-fault parties to recover additional compensation.
So, if you’re injured in a car accident and you’ve lost more income than what’s covered by your policy, you can sue the other driver to recover the difference. Any percentage of fault assigned to you will reduce your award. For example, if you have $100,000 in lost wages not covered by your insurance policy, and the court finds you 20 percent to blame for the accident, you could recover $80,000 in compensation for these losses.
Note that, per state law, you must prove your injuries meet certain legal thresholds to recover compensation for noneconomic losses like pain and suffering.
How Our Lawyers Can Help if You Share Liability for a Michigan Car Accident
If you share liability for a car accident in Michigan, maximizing your compensation can feel overwhelming. Insurance companies may try to increase your percentage of fault to reduce what they owe, making it harder for you to recover the money you need. The team at Atnip & Associates is here to uphold your rights and make sure the insurance companies and courts treat you fairly under Michigan’s comparative fault rule.
We’ll start by thoroughly investigating the accident and gathering evidence like police reports, witness statements, and accident scene photos. If the insurance adjusters try to undervalue your claim or blame you unfairly, we can negotiate on your behalf for a fair settlement. We can also assist you with calculating your claim’s full value.
Ready to talk to a Rochester, MI, car accident lawyer about your situation? Call Atnip & Associates today or reach out online for a free case review.
