One of the most common questions people have after a Michigan car accident is how long they have to file a claim. The answer depends on the type of claim involved because different deadlines apply to different parts of a case. Missing a deadline can affect your ability to recover compensation.

PIP Benefits: One Year From the Date of the Accident

Under MCL 500.3145(1), an action to recover personal injury protection benefits must be commenced no later than one year after the date of the accident that caused the injury, unless written notice of injury has been given to the insurer within one year, or unless the insurer has previously made a payment of PIP benefits for the injury. If notice has been given or a payment has been made, under MCL 500.3145(2), the action may be commenced within one year after the most recent allowable expense, work loss, or survivor’s loss was incurred — but the claimant may not recover benefits for any portion of the loss incurred more than one year before the date on which the action was commenced.

In practical terms, notify your insurer and submit your Application for No-Fault Benefits as soon as possible after a crash. Waiting until the deadline can create unnecessary complications if coverage is disputed.

Personal Injury Lawsuits: Three Years From the Date of the Accident

When another driver’s negligence caused your crash and your injuries meet Michigan’s serious impairment threshold under MCL 500.3135, you may have a tort claim against that driver for pain and suffering and other non-economic losses. Under MCL 600.5805(2), the general statute of limitations for personal injury actions in Michigan is three years from the date the claim accrues, which is typically the date of the crash.

Although three years may seem like plenty of time, important evidence can disappear much sooner. Police reports, surveillance footage, witness memories, and vehicle data are all most accessible in the days and weeks immediately after a crash. Waiting significantly reduces what is available to support a claim.

Wrongful Death Claims: Three Years From the Date of Death

Under MCL 600.5805(2), a wrongful death action generally must be commenced within three years of the decedent’s death, which may be later than the date of the crash if the victim survived for a period of time.

Property Damage Claims: One Year

Under MCL 500.3145(5), an action for recovery of property protection insurance benefits must be commenced no later than one year after the accident.

Special Rules for Minors and Government Claims

Michigan law provides extended time limits for minor victims. Under MCL 600.5851, the statute of limitations for a minor’s personal injury claim does not begin to run until the minor turns 18. This means families of injured children may have additional time — though acting early still preserves evidence and strengthens any future claim.

Claims involving a government entity, such as a road authority, city, or county, follow different rules. Under MCL 691.1404, written notice generally must be provided to the appropriate governmental agency within 120 days of the crash. Missing that deadline may prevent you from pursuing the claim.

The Bottom Line

Michigan’s deadlines are strict, and different claims arising from the same crash can have different timelines. If you were injured in a crash in Macomb, Wayne, or Oakland County, speaking with an attorney sooner rather than later can help preserve evidence, identify available insurance coverage, and protect your legal rights. To speak with a Michigan personal injury attorney, contact us today.

Sources:

How Long Do You Have to File a Car Accident Claim? [Michigan]