Michigan Car Accident Statute of Limitations

Key Takeaways

• Generally, the Michigan statute of limitations for personal injury cases is three years.
• Michigan law provides some exceptions to the law.
• No-fault insurance has a different statute of limitations that you must also meet.
• If you miss the statute of limitations, you may not be able to recover compensation for your injuries and losses.

After a car accident, you may have injuries that are so severe that it may take some time to file a claim for damages. However, if you miss the statute of limitations for a car accident in Michigan, you may not be able to recover the compensation you need, including medical expenses and lost wages. You should not wait until you recover from your injuries prior to filing a lawsuit. In fact, you should call an experienced car accident law firm even before you are released from the hospital so we can start investigating your case.

What is the Statute of Limitations for Personal Injury Claims in Michigan?

While Michigan has a three-year statute of limitations for car accidents, the sooner you work with an attorney, the better. The initial stages of filing your claim, including investigations, depositions, and more, take longer than you might think. Additionally, complications may set in. Of course, there are always exceptions to the rule, but you should never assume you meet those exceptions. If you are wrong, you will lose the chance to recover damages.

General Three-Year Statute of Limitations Rule in Michigan

The general statute of limitations for personal injury cases, including wrongful death and car accidents in Michigan, is three years, starting on the date of the injury. As soon as the injury happens, the clock starts ticking. If you do not take legal action within three years, you can lose your rights to take action.

Exceptions to Michigan’s Statute of Limitations for Personal Injury Claims

In some cases, you may have exceptions to the three-year rule. A personal injury attorney can let you know if your specific circumstances qualify for any exceptions, including:

• The victim was a minor at the time of the accident
• The at-fault driver left the state
• The victim is mentally impaired
• The accident involved a government entity
• Wrongful death
• The victim’s accident injuries were identified at a later time

Statute of Limitations for Filing No-Fault Insurance Claims in Michigan

If you want to negotiate or sue a no-fault insurance company, the statute of limitations is different — it is separate from the three-year statute of limitations for car crashes. You just have one year to file a claim against a no-fault insurance company. This significantly reduces the time to gather medical bills and investigate the accident. You have one year to:

• File for no-fault benefits
• Sue for unpaid benefits

Exceptions include:

• You can claim no-fault benefits by sending a “written notice of the injury” within a year after the date of the wreck that caused your injuries (MCL 500.3145(1), (2) and (4)).
• The insurance company has already paid no-fault benefits for injuries related to the wreck (MCL 500.3135(1)).

What Happens if I Do Not File in Time?

If you do not file in time with the insurance company, you will not be able to recover no-fault benefits. Similarly, if you do not file for pain and suffering and other non-economic damages within Michigan’s three-year statute of limitations, you will not be able to recover compensation for those damages unless you meet one of the exceptions to the state of Michigan’s statute of limitations.

Why Acting Quickly Matters

After a motor vehicle accident, it is imperative that you act quickly — even while you are still in the hospital. You have a short amount of time to take legal action and even less time to claim no-fault benefits.

The steps that must happen prior to settlement negotiations or litigating take time and include:

• A free consultation with an experienced car accident attorney
• Investigation of the accident by your law firm’s investigative team
• Depositions of witnesses
• Gathering of evidence, including police reports, photos, medical records, and more
• Review of the evidence in your case, including the statements witnesses made prior to being under oath and those made under oath
• Building a strategy to obtain the compensation you deserve
• Sending demand letters to all defendants involved

Depending on the accident, several companies or people may be partially responsible for your injuries and losses. Your attorney must locate them prior to any filing deadlines — the shortest being the no-fault statute of limitations of one year.

Additionally, a demand letter usually includes a time frame for defendants to respond.

If the insurance companies do not offer a fair and reasonable settlement, you still have to litigate against the insurance companies within a year. Negotiations could take a few weeks or several months, which means time runs short even if you retain an experienced car accident lawyer the day after the accident.

Why Clients Choose Matz Injury Law for Their Michigan Car Accident Claims

Our experienced car accident attorneys know that time is short and will start working on your case as soon after the initial case evaluation as possible. The time limit often flies by, and before you know it, you are up against the deadline to recover insurance benefits.

Testimonials

“Steve Matz was there when I needed him. Nobody expects to be a victim of a car accident but when I found myself in that situation it was overwhelming. Steve made everything easy. Steve did not accept the insurance Company’s first offer. He held out and got me a better settlement. Steve is very kind and professional.  I highly recommend Matz Injury Law.” – Sharon K.

“If you are looking for the best attorney to handle your automobile accident claim, look no further!  I have known Steve Matz for more than 20 years.  He successfully represented me in 2001 then again in 2019 following serious automobile accidents. He leads you step by step through the entire complex legal process.  Put Steve Matz on your team to get the justice you deserve!  The Matz team is a clear winner!” – Gary C.

“For anyone looking for an attorney please look no further than Matz Injury Law!! Not only was Jared professional, he helped me beyond what I could have asked for. I’m so thankful for you all!!! To say I’m appreciative and grateful is an understatement. There’s no need to look for any other attorneys for you auto accidents!! They are so wonderful!!! Highly recommended 10/10!!!!!” – Tessa C.

Additional Resources

• Deadlines for Filing Car Accident Lawsuits in Michigan: You have two timelines to work with, including the shortest — the no-fault statute of limitations of one year. Learn more about these deadlines and how an experienced attorney can help.
• When Does a Car Accident Go to Court?: Learn more about when car accidents go to court, including when insurance companies refuse to settle for a fair and reasonable amount and when you are suing for non-economic damages.
• 2024 Guide to Michigan Car Accident Lawsuits: Car accident lawsuits are often complex. An experienced personal injury attorney sheds more light on car accident lawsuits.
• Is It Worth Hiring A Michigan Car Accident Lawyer?: Michigan car accident lawyers can give you legal advice after you suffer injuries or lose a loved one in a car accident. Explore why it is worth hiring a Michigan car accident lawyer.

Do Not Wait. Get Compensated.

If you wait too long to contact an experienced personal injury lawyer, you may not have enough time to put together a solid case to recover the compensation you deserve. Ready to discuss your case? Talk to our personal injury lawyers by calling 866-226-6833 or filling out our online contact form, and we’ll be in touch immediately.