What Is a Serious Impairment of Body Function? [Michigan]

After a serious car accident in Michigan, you may hear the term “serious impairment of body function” or “the no-fault threshold.” This legal standard determines whether an injured person may be able to pursue compensation for pain and suffering beyond Michigan’s no-fault benefits. Understanding what the standard means is important after any significant crash.

What Is Michigan’s No-Fault Threshold?

Michigan’s no-fault insurance system covers medical expenses and wage loss through your own insurance policy regardless of fault. But it does not automatically cover pain and suffering or other non-economic losses. To recover those damages from an at-fault driver, Michigan law requires that you meet a legal threshold.

Under MCL 500.3135(1), a person may pursue a tort claim for noneconomic loss — such as pain and suffering — only if the injured person has suffered death, serious impairment of body function, or permanent serious disfigurement.

What Counts as a Serious Impairment of Body Function?

Under MCL 500.3135(5), as amended in 2019, a serious impairment of body function is an impairment that satisfies all three of the following requirements:

First, it must be objectively manifested — meaning it is observable or perceivable from actual symptoms or conditions by someone other than the injured person. A subjective complaint of pain alone, without objective evidence, may not satisfy this element.

Second, it must be an impairment of an important body function — one of great value, significance, or consequence to the injured person.

Third, it must affect the injured person’s general ability to lead his or her normal life — meaning it has had an influence on some of the person’s capacity to live in their normal manner of living.

Michigan courts have clarified that there is no specific time requirement for how long an impairment must last. The analysis is fact-specific to each person and requires a comparison of the injured person’s life before and after the crash. As the Michigan Legislature noted in the statute itself, this examination must be conducted on a case-by-case basis.

Why the Threshold Matters After a Crash

Whether an injury meets this threshold is often a central question in Michigan car accident litigation. Insurance companies frequently argue that an injured person’s injuries do not meet the standard in order to avoid paying non-economic damages. An attorney can evaluate the medical evidence, the impact on your daily life, and the specific facts of your crash to assess whether your injuries may meet the threshold and what legal options may be available.

If you were injured in a crash in Macomb, Wayne, or Oakland County and have questions about whether your injuries may qualify for a pain and suffering claim, our team may be able to help. To speak with a Michigan personal injury attorney, contact us today.

Source: MCL 500.3135, Michigan Insurance Code