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DON’T MISS YOUR CHANCE FOR COMPENSATION: UNDERSTANDING THE STATUTE OF LIMITATIONS FOR MICHIGAN CAR ACCIDENTS

Published by Bill Laubscher at April 14, 2023
Man involved in a rear end car collision holds back of neck in pain

If you are injured in a Michigan car accident, you may be entitled to compensation for your losses. This may include direct expenses such as medical bills and lost wages in addition to intangible damages such as pain and suffering. However, filing a car accident claim requires the plaintiff to comply with specific rules and laws in order to be eligible for compensation.

One of the most important laws is the Michigan Statute of Limitations, which establishes a deadline for filing a personal injury lawsuit. This guide explains how the statute affects Michigan car accidents and what you can do to protect your rights and receive the benefits you deserve.

 

Do You Have a Case?

 

WHAT IS THE STATUTE OF LIMITATIONS FOR MICHIGAN CAR ACCIDENTS?

In Michigan, the statute of limitations for most personal injury cases, including car accidents, is three years from the date of the accident or injury. If you miss this deadline, you may lose your right to pursue legal action and obtain compensation for your injuries.

Further, if a lawsuit is filed after the statute of limitations has expired, the opposing party will typically ask the court to dismiss the case, a request that is often granted when this important deadline is missed. Consequently, while your case may be strong, you may lose your right to pursue legal action and receive the compensation you deserve.

 

Recommended reading: Understanding Car Accident Lawyer Fees

 

ARE THERE ANY EXCEPTIONS TO THE THREE-YEAR DEADLINE FOR MICHIGAN CAR ACCIDENTS?

Yes. There are certain situations where the customary three-year statute of limitations does not apply. For example:

  • If the victim was a minor (under 18) at the time of the accident, the statute of limitations may be extended until their 19th birthday.
  • If the car accident involved a government entity in Michigan, the deadline for filing a claim is typically six months from the date of the accident
  • If the victim dies as the result of injuries sustained in a car accident, the statute of limitations is three years from the date of death, regardless of when the accident occurred 
  • If the injuries are discovered after the statute of limitations expires, it may still be possible to file a lawsuit

Therefore, it is best to consult with an experienced Michigan car accident lawyer to determine how the statute of limitations applies to your individual case.

 

Recommended reading: Is It Worthwhile To Hire A Detroit Car Accident Attorney?

 

IS THE STATUTE OF LIMITATIONS THE SAME FOR FILING NO-FAULT INSURANCE CLAIMS?

No. Filing a No-Fault insurance claim is different from filing a civil lawsuit. In Michigan, most auto insurance companies allow one year from the date of the accident to file a claim for benefits. To avoid missing a deadline, contact your insurance agent or refer to the information provided with your No-Fault policy.

Generally, it is better to complete and submit the required paperwork as soon as possible after an accident. Waiting until the last minute could cause you to lose out on the benefits you are entitled to if the insurance company needs additional information to process your claim.

Recommended reading: Fatal Crashes Surge After Speed Limits Increase On Michigan Freeways

 

HOW TO PROTECT YOUR RIGHTS AFTER A CAR ACCIDENT IN MICHIGAN

If you are involved in a car accident in Michigan, these steps can help protect your rights and avoid costly mistakes:

Call the police and/or EMS

Request emergency medical assistance if you or anyone else is injured, then call the police to report the accident and wait at the scene until they arrive.

Seek follow-up medical care

Even if you think you are fine, it is important to get checked out by a medical professional. Some injuries may not be immediately apparent, and delaying medical treatment can harm your case.

Gather evidence 

Take pictures of the accident scene, including damage to your vehicle and any injuries you sustained. Get the other driver’s contact and insurance information and ask witnesses, if any, for their names and phone numbers.

Contact an experienced Michigan car accident lawyer

Do this as soon as possible, before you speak to an insurance adjuster or sign any forms. A knowledgeable attorney can help you navigate the legal process, protect your rights, and obtain compensation for your injuries and other losses.

Notify your insurance company of the accident

They will ask you for relevant information and explain the procedure for getting your car repaired and filing a claim.

Never admit fault

Do not talk about how the accident happened with the other driver or passengers.

Do not discuss your injuries (or lack thereof)

If asked whether you are hurt, say you need to see your physician to determine the extent of your injuries

Avoid signing any insurance forms or paperwork

Do not talk to an adjuster, sign any insurance papers or accept a settlement offer without consulting a qualified car accident lawyer.

 

Recommended reading: The Most Common Car Accident Injuries and What To Do After a Crash

 

HOW A MICHIGAN CAR ACCIDENT ATTORNEY CAN HELP

An experienced Michigan car accident attorney can help you in several ways, including:

  • Assisting with No-Fault benefits
  • Investigating the accident and gathering evidence
  • Obtaining and evaluating medical records
  • Interviewing witnesses
  • Completing and submitting claims and supporting documentation in compliance with filing deadlines and other specifications
  • Negotiating with the other driver’s insurance company
  • Representing you in court if the case proceeds to trial

 

CONTACT OUR EXPERIENCED CAR ACCIDENT LAWYERS BEFORE IT’S TOO LATE

If you are injured in a crash, it is important to act quickly to protect your rights and receive the benefits you are entitled to. Our knowledgeable Michigan car accident lawyers will explain your options and help you obtain the compensation you deserve.

Car accident law is complicated, but finding the right Michigan car accident lawyer is simple.

Don’t let the clock run out. Start your case today by clicking on the link below or calling 1-800-CALL-SAM for a free, no-obligation consultation with a member of our legal team.

   

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