Don't Miss Your Chance for Compensation: Understanding the Statute of Limitations for Michigan Car Accidents
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If you are injured in a Michigan car accident, you may be entitled to compensation for medical bills, lost wages and, in some cases, noneconomic damages such as pain and suffering. You still have to meet filing rules to keep those claims alive.
One of the most important is the statute of limitations, the deadline to file a lawsuit. This guide explains how that deadline affects Michigan car accidents and how to protect your rights.
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 third-party car accident lawsuits, is three years from the date of the injury. If you miss that deadline, the other side can ask the court to dismiss the case, and that request is often granted.
ARE THERE ANY EXCEPTIONS TO THE THREE-YEAR DEADLINE?
Yes. Examples include:
- If the injured person was a minor (under 18), the time to sue is often extended until one year after they turn 18 (typically until their 19th birthday).
- Claims against a governmental agency usually require written notice within 120 days under the governmental immunity statutes, which is much shorter than three years.
- If the victim dies from the crash, a wrongful-death action is generally subject to a three-year period that can run from the date of death, but the underlying injury claim can still be time-barred. Do not wait.
- A delayed-discovery argument is uncommon in ordinary car crashes, where the injury date is the crash date. Do not assume you can file after three years.
Talk to a Michigan car accident lawyer about which deadline applies to your facts.
IS THE STATUTE OF LIMITATIONS THE SAME FOR FILING NO-FAULT INSURANCE CLAIMS?
No. A No-Fault PIP claim is not the same as a lawsuit against another driver. Under MCL 500.3145, you generally must give the insurer written notice of injury within one year of the crash to preserve PIP benefits. Waiting until the last minute can still cost you benefits if the company needs more information.
HOW TO PROTECT YOUR RIGHTS AFTER A CAR ACCIDENT IN MICHIGAN
These steps help protect a claim:
- Call 911 if anyone is hurt, then call the police and stay at or near the scene
- Get follow-up medical care even if you feel fine at first
- Photograph the scene, vehicles and visible injuries; get driver and witness information
- Contact an experienced Michigan car accident lawyer before you speak to an adjuster or sign forms
- Notify your insurer that a crash occurred
- Don’t admit fault or describe how the crash happened to the other driver
- Don’t say you are “fine”; say you need a doctor to evaluate your injuries
- Don’t sign insurance papers or accept a settlement without talking to a lawyer
HOW A MICHIGAN CAR ACCIDENT ATTORNEY CAN HELP
An experienced Michigan car accident attorney can:
- Help with No-Fault / PIP benefits
- Investigate the crash and gather evidence
- Obtain and evaluate medical records
- Interview witnesses
- File claims and paperwork on time
- Negotiate with insurers
- Represent you in court if the case is tried
CONTACT OUR EXPERIENCED CAR ACCIDENT LAWYERS BEFORE IT’S TOO LATE
If you are injured in a crash, act quickly. Our Michigan car accident lawyers can explain your options and help you pursue 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. Fill out the brief form below or contact us for a free, no-obligation consultation.
Do You Have a Case?
