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Michigan mass tort laws no fault reform is a topic that matters to more people than you might think. In May 2019, Michigan passed Public Acts 21 and 22, the biggest change to its auto insurance system in almost 50 years. Most people think of this reform as a car insurance issue.
However, it also changes how injured people recover money when a defective product, a recalled part, or a dangerous drug plays a role in their injury. Michigan has also repealed its drug maker immunity law since then. If you were hurt in Michigan, understanding michigan mass tort laws no fault reform can help you protect your claim. It can also help you avoid missing key deadlines.
How Michigan Mass Tort Laws No Fault Reform Changed Injury Claims
Michigan’s no-fault system pays your medical bills through your own auto insurer. This is called Personal Injury Protection, or PIP. Before 2019, every Michigan driver had unlimited lifetime medical coverage. After the reform took effect on July 1, 2020, drivers could choose a coverage level. The options include unlimited, $500,000, $250,000, and $50,000 for some Medicaid enrollees. People with qualifying Medicare coverage can opt out of PIP medical coverage completely.
This choice has a big effect on later lawsuits. For example, a driver with $250,000 in PIP coverage may run out of benefits after a serious crash. Under the reform, that person can now sue the at-fault party for medical costs above their PIP limit. As a result, michigan mass tort laws no fault reform has opened new paths to recovery. These paths include claims against vehicle or parts makers when a defect caused or worsened the injury.
The reform also raised the “mini-tort” limit from $1,000 to $3,000. This lets drivers recover more for vehicle damage from an at-fault driver. In addition, the law wrote the “serious impairment of body function” test into the statute. That test controls who can sue for pain and suffering after a car crash. Typically, you must show an objectively visible injury that affects your general ability to lead your normal life.
The reform also created a medical fee schedule. Since July 2021, many providers are paid a set percentage of Medicare rates. That rate stepped down to 190% of Medicare in July 2023 for most providers. Family attendant care paid by PIP is also limited to 56 hours per week. These limits often leave a gap. In most cases, that gap is what pushes injured people toward third-party lawsuits.
Key Court Rulings and Law Changes Since 2019
Several major developments have shaped michigan mass tort laws no fault reform since 2019. The first is Andary v. USAA. On July 28, 2023, the Michigan Supreme Court ruled 5-2 that the fee schedule and attendant care limits do not apply to people injured before June 11, 2019. As a result, thousands of catastrophically injured crash victims kept their old benefits. Before that, the Michigan Department of Insurance and Financial Services (DIFS) had already issued an October 2022 bulletin on the same issue.
The second big change affects drug cases. For decades, Michigan was the only state with a drug immunity law. Under MCL 600.2946(5), drug makers were largely shielded if the FDA had approved the drug and its label. However, Governor Whitmer signed Senate Bill 410 on December 7, 2023. The Senate passed it 30-8 and the House passed it 79-30. This repeal means Michigan residents can now bring claims against drug makers going forward, like residents of other states.
This matters a great deal for mass torts. For example, Michigan residents were often left out of past drug litigation. Now, they may join federal multidistrict litigation (MDL) over medications like GLP-1 weight loss drugs. Taken together, michigan mass tort laws no fault reform and the immunity repeal have changed the landscape for injured Michigan consumers.
Michigan Product Liability Rules You Should Know
Michigan’s product liability rules apply to most mass tort claims. These rules also apply to car defect cases tied to michigan mass tort laws no fault reform. The table below shows the key rules. Always confirm current figures with an attorney, since some amounts change every year.
| Rule | Michigan Law | What It Means |
|---|---|---|
| Product liability deadline | MCL 600.5805 | Typically 3 years from the injury |
| Medical malpractice deadline | MCL 600.5805 | Typically 2 years, with some exceptions |
| No-fault PIP claim notice | MCL 500.3145 | Give notice within 1 year of the accident |
| Noneconomic damage cap | MCL 600.2946a | Base of $280,000 or $500,000, adjusted yearly for inflation |
| Comparative fault | MCL 600.2959 | No pain and suffering award if you are more than 50% at fault |
| Drug maker immunity | Repealed by SB 410 (2023) | FDA approval no longer blocks most claims |
The damage cap is important. Michigan limits money for pain and suffering in product cases. The base cap is $280,000. It rises to $500,000 if the defect caused death or permanent loss of a vital bodily function. The State Treasurer adjusts these figures each year. Today, they are much higher than the base amounts. However, there is no cap on economic losses like medical bills and lost wages.
Michigan also has its own history of large mass torts. For example, the Flint water crisis led to a $626.25 million settlement that a federal judge approved in 2021. In addition, Wolverine Worldwide agreed to a $69.5 million settlement in 2020 over PFAS contamination in Kent County. These cases show that Michigan residents can recover large amounts in group litigation.
What to Do If You Were Injured in Michigan
Your first step is to find out which type of claim you have. Under michigan mass tort laws no fault reform, a car crash usually starts with a PIP claim through your own insurer. However, if a defect caused or worsened your injury, you may also have a product claim. Examples include an exploding airbag inflator, a faulty seat belt, or a failed brake system. These claims are filed against the maker, not your insurer.
Next, gather your records. Here are the most important steps:
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- Check your auto policy’s declarations page to see your PIP coverage level.
- Save all medical bills, especially any amounts PIP did not pay.
- Look up your vehicle on the NHTSA recall database at nhtsa.gov.
- Keep any defective product, part, or medication packaging.
- Write down the date of your injury to track filing deadlines.
Deadlines are strict in Michigan. Typically, you have just 1 year to give notice of a PIP claim. You have 3 years for most product liability claims. If you miss these dates, you may lose your right to recover. As a result, acting quickly is one of the best things you can do. Understanding michigan mass tort laws no fault reform also helps you know which claim to file first.
Finally, ask whether your case fits an existing MDL. Many drug and device claims are grouped in federal court. You can check active MDLs on the Judicial Panel on Multidistrict Litigation website at jpml.uscourts.gov. In most cases, joining an MDL lets you share expert costs and evidence with thousands of other plaintiffs. This can make a hard case much more practical to pursue.
Frequently Asked Questions
How does michigan mass tort laws no fault reform affect my ability to sue a car maker?
The reform does not block product claims against vehicle or parts makers. In fact, if your PIP coverage runs out, you can now seek excess medical costs from at-fault parties. However, you still must prove the defect caused your injury.
Can Michigan residents sue drug companies now?
Yes, in most cases. Michigan repealed its drug immunity law when Governor Whitmer signed SB 410 in December 2023. As a result, FDA approval no longer gives drug makers broad protection from Michigan lawsuits.
Does the Andary ruling help people injured before 2019?
Yes. The Michigan Supreme Court ruled in July 2023 that the fee schedule and attendant care limits do not apply to people injured before June 11, 2019. For example, a long-term crash survivor can keep receiving care at the old payment rates.
What is the deadline to file a mass tort claim in Michigan?
Typically, you have 3 years from your injury to file a product liability claim. Medical malpractice claims usually have a 2-year limit. Under michigan mass tort laws no fault reform, PIP claims still require notice within 1 year of the accident.
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Official Sources & Resources
For verified mass tort and legal information:
- JPML (Case Data): jpml.uscourts.gov
- U.S. Department of Justice: justice.gov
- Cornell Law Institute: law.cornell.edu
- NCSL (State Laws): ncsl.org
- FDA Recalls & Safety: fda.gov
Content last reviewed October 2026. If you notice any outdated information, please contact us.
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- Complete Mass Tort Guide
- All Active MDL Cases
- State Tort Reform Laws
- Eligibility Quiz Tool
- Damage Cap Lookup Tool
Attorney Advertising. The information on this page is provided for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by accessing or using this content. Every case is unique, and results depend on the specific facts and circumstances involved. Past settlement amounts and case outcomes do not guarantee similar results in your case. If you believe you have a legal claim, you should consult with a licensed attorney in your jurisdiction who can evaluate your specific situation.