Cross‑border traffic is a fact of life in the Upper Peninsula. If your crash touches Michigan and Wisconsin, the governing law can change your benefits and strategy. Here’s how.
Fault vs. No‑Fault Systems
Michigan: No‑Fault (PIP first; threshold to sue). Wisconsin: fault‑based (sue the negligent driver/carrier; no threshold for pain and suffering). Venue and choice‑of‑law analysis often determine leverage.
Comparative Negligence and Minimum Limits
Both states bar recovery if you’re more than 50% at fault; otherwise damages are reduced proportionally. Michigan BI minimums are commonly $250k/$500k (waiver possible); Wisconsin minimums remain far lower ($25k/$50k). UM/UIM is vital in both states.
UM/UIM and Med Pay Interplay
In Wisconsin‑venue cases with low BI limits, UIM becomes essential. In Michigan‑venue cases, PIP covers medical first but UIM can address pain‑and‑suffering gaps if the tortfeasor is underinsured.
Deadlines and Evidence
Michigan bodily‑injury claims: typically 3 years; Wisconsin PI: 3 years; wrongful death: often 2 years in WI. Preserve black box data, 911 audio, snow maintenance logs, and surveillance quickly.
