IMPORTANT LEGAL NOTICE
• This template is provided for informational and educational purposes only and does not constitute legal advice.
• No attorney–client relationship is created by your use of this template.
• Statutory citations are included only where the drafter is certain of their accuracy; nevertheless, you must verify all citations, court-rule references, and local-practice requirements before filing.
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PERSONAL INJURY COMPLAINT—AUTO ACCIDENT

(State of Michigan No-Fault / Tort Action)

TABLE OF CONTENTS

I. Document Header (Caption; Recitals; Effective Date & Jurisdiction)
II. Definitions
III. Operative Provisions (Factual Allegations & Causes of Action)
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies (Damages & Prayer for Relief)
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block (Signature, Verification, Certificate of Service)

Page numbers to be completed after final formatting.

I. DOCUMENT HEADER

1. Caption

STATE OF MICHIGAN
IN THE ☐ CIRCUIT COURT

[PLAINTIFF NAME],
Plaintiff,

v. Case No. [___]
Hon. ☐

[DEFENDANT DRIVER NAME], an individual, and
[DEFENDANT OWNER NAME], an individual/entity,
Defendants.
___________________________________/

2. Title

COMPLAINT, JURY DEMAND, AND REQUEST FOR DAMAGES

3. Recitals

Plaintiff brings this action to recover noneconomic damages, excess economic damages, and property loss arising from a motor-vehicle collision that occurred on [DATE] in [CITY/TOWNSHIP], Michigan, pursuant to Mich. Comp. Laws § 500.3135 and related provisions of Michigan's No-Fault Act and common-law tort principles.

4. Effective Date & Jurisdiction

This pleading is effective as of the date of filing with the Clerk of the ☐ Circuit Court. Jurisdiction and venue are proper under Mich. Comp. Laws §§ 600.605, 600.1605, and 600.1621 because the amount in controversy exceeds $25,000.00 and the cause of action arose in this county.

II. DEFINITIONS

For purposes of this Complaint, the capitalized terms below have the meanings set forth in this Section II.
1. “Accident” means the motor-vehicle collision that occurred on [DATE] at or near [LOCATION], Michigan.
2. “Comparative Fault” means the modified comparative-negligence regime codified at Mich. Comp. Laws § 600.2959, under which a plaintiff who is more than 50 percent at fault is barred from recovering noneconomic damages.
3. “Mini-Tort Cap” means the statutory limit on residual-liability property-damage recovery, currently $3,000.00, under Mich. Comp. Laws § 500.3135(3)(e).
4. “No-Fault Benefits” or “PIP Benefits” means personal-injury-protection benefits payable without regard to fault under Mich. Comp. Laws §§ 500.3101–.3179.
5. “Serious Impairment” means an objectively manifested impairment of an important body function that affects the person’s general ability to lead his or her normal life, as defined by Mich. Comp. Laws § 500.3135(5).

III. OPERATIVE PROVISIONS

A. Parties

1. Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is an individual residing at [ADDRESS], [COUNTY] County, Michigan.
2. Defendants.
   a. [DEFENDANT DRIVER NAME] (“Driver”) is an individual residing at [ADDRESS].
   b. [DEFENDANT OWNER NAME] (“Owner”) is the titled owner of the vehicle operated by Driver at the time of the Accident and resides or has its principal place of business at [ADDRESS].

B. Jurisdiction & Venue

3. This Court has subject-matter jurisdiction under Mich. Comp. Laws § 600.605.
4. Venue is proper in this county under Mich. Comp. Laws § 600.1621(a) and/or (c) because (i) the Accident occurred here and/or (ii) at least one Defendant resides or conducts business here.

C. Factual Allegations

5. On [DATE] at approximately [TIME], Plaintiff was lawfully operating a [YEAR/MAKE/MODEL] motor vehicle eastbound on [ROADWAY].
6. At the same time and place, Driver negligently operated a [YEAR/MAKE/MODEL] vehicle owned by Owner, causing a collision with Plaintiff’s vehicle.
7. Defendant(s) breached one or more duties of care, including but not limited to:
   a. Failure to maintain an assured clear distance;
   b. Violation of statutory traffic control devices;
   c. Failure to operate the vehicle at a safe and reasonable speed given road and weather conditions; and
   d. Any additional statutory violations to be established through discovery.
8. As a direct and proximate result of Defendants’ negligence, Plaintiff sustained bodily injuries constituting a Serious Impairment, incurred medical expenses in excess of applicable No-Fault Benefit limits, lost wages, suffered pain and suffering, emotional distress, and other damages set forth below.

D. Causes of Action

COUNT I – NEGLIGENCE (Driver)
9. Plaintiff realleges Paragraphs 1–8.
10. Driver owed Plaintiff a duty of reasonable care in the operation of a motor vehicle.
11. Driver breached that duty as set forth above.
12. Driver’s breach was a direct and proximate cause of Plaintiff’s injuries and damages.

COUNT II – OWNER’S LIABILITY (Owner)
13. Plaintiff realleges Paragraphs 1–8.
14. Owner is vicariously liable for Driver’s negligence under the Owner’s Liability Statute, Mich. Comp. Laws § 257.401.

COUNT III – NEGLIGENT ENTRUSTMENT (Alternative)
15. Plaintiff realleges Paragraphs 1–8.
16. Owner negligently entrusted the vehicle to Driver, whom Owner knew or should have known was incompetent, unlicensed, or otherwise unfit to operate a motor vehicle safely.

IV. REPRESENTATIONS & WARRANTIES

17. Plaintiff represents that (i) all No-Fault Benefits reasonably available have been applied for or are being pursued; (ii) Plaintiff satisfies the Serious Impairment threshold under Mich. Comp. Laws § 500.3135(1); and (iii) Plaintiff’s claimed economic damages exceed applicable personal injury protection limits.

V. COVENANTS & RESTRICTIONS

18. Plaintiff covenants to supplement discovery responses pursuant to MCR 2.302(E) and to mitigate damages consistent with applicable law.
19. Plaintiff agrees that any amounts recovered under the Mini-Tort Cap for property damage will not exceed the statutory maximum in effect on the date of the Accident.

VI. DEFAULT & REMEDIES (Damages & Prayer for Relief)

20. WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally, as follows:
    a. Noneconomic damages (pain, suffering, mental anguish, and loss of enjoyment of life) in an amount to be determined by the trier of fact;
    b. Excess medical expenses, rehabilitation costs, and attendant-care costs not compensable under No-Fault Benefits, in an amount exceeding $25,000.00;
    c. Past and future wage loss and loss of earning capacity;
    d. Property-damage reimbursement up to the Mini-Tort Cap;
    e. Pre- and post-judgment interest pursuant to Mich. Comp. Laws § 600.6013;
    f. Statutory, taxable, and actual costs, including expert-witness fees, pursuant to Mich. Court Rule 2.625; and
    g. Any other relief the Court deems just and equitable.

VII. RISK ALLOCATION

21. Comparative Fault. Plaintiff’s recovery of noneconomic damages will be reduced, if at all, only in proportion to any Comparative Fault allocated to Plaintiff by the trier of fact and barred entirely only if Plaintiff is found to be more than 50 percent at fault.
22. Defendants are jointly and severally liable for all indivisible damages.

VIII. DISPUTE RESOLUTION

23. Governing Law. This action is governed by the substantive law of the State of Michigan, including its No-Fault Act and comparative-negligence statutes.
24. Forum Selection. The Circuit Court for the County of ☐, Michigan, is the exclusive forum unless the case is removed or transferred pursuant to law.
25. Arbitration (Optional). By leave of court and upon written stipulation of all parties, any or all claims may be submitted to binding arbitration under MCR 3.602.
26. Jury Demand. Plaintiff hereby demands trial by jury on all issues so triable as of right under the Michigan Constitution.
27. Injunctive Relief. Plaintiff does not seek injunctive relief at this time but reserves the right to do so if warranted by future developments.

IX. GENERAL PROVISIONS

28. Amendment & Relation-Back. Plaintiff reserves the right to amend this Complaint pursuant to MCR 2.118.
29. Severability. If any paragraph is adjudged invalid, the remaining provisions shall remain in full force.
30. Integration. This Complaint contains all claims presently known to Plaintiff arising out of the Accident.
31. Electronic Signatures. This document may be signed electronically in compliance with MCR 1.109(E)(4)(f).

X. EXECUTION BLOCK

[ATTORNEY SIGNATURE BLOCK]

Respectfully submitted,

[LAW FIRM NAME]
[Street Address]
[City, State ZIP]
Tel: ☐-___-____ | Fax: ☐-___-____
Email: [___]

By: _______________________________
[ATTORNEY NAME] (P____)
Attorneys for Plaintiff
Date: _____________, 20__

Verification (MCR 1.109(D)(3)(b))

I declare that the statements above are true to the best of my information, knowledge, and belief.

_________________________________
[PLAINTIFF NAME]

Date: _____________, 20__

Certificate of Service

I certify that on [DATE], I served the foregoing Complaint on all parties of record via the court’s electronic-filing system and/or by [U.S. Mail / personal service] to their counsel of record.

_________________________________
[ATTORNEY NAME] (P____)