What to Know About Crashes Involving Children in Michigan

When a child is injured or killed in a car crash in Macomb, Wayne, or Oakland County, the legal questions facing the family can differ from those involved in an adult crash claim. Michigan law includes specific provisions that may affect filing deadlines, insurance benefits, and how legal claims and settlements involving a child are handled.

Filing Deadlines for Minor Victims

Michigan law provides special rules that may affect the time available to bring certain claims on behalf of a child. Under MCL 600.5851, when a person entitled to bring an action is under 18 when the claim accrues, the law generally provides one year after the disability of minority is removed to bring the action, even if the ordinary limitations period has already expired. Different rules and exceptions may apply depending on the type of claim.

This does not mean families should wait to investigate a child’s potential claim. Evidence such as photographs, video footage, vehicle data, and witness information can become more difficult to obtain over time. Identifying the applicable deadlines and preserving relevant evidence early can help protect the child’s legal rights.

Important Caution on Deadlines

Different deadlines can apply to different claims arising from the same crash. No-fault PIP claims, claims against governmental entities, and other types of actions may be subject to separate notice or filing requirements. Families should not assume that every deadline is extended simply because the injured person is under 18. An attorney can evaluate the particular claims involved and the deadlines that apply to each.

How No-Fault Benefits May Apply to Injured Children

Michigan’s no-fault system may provide PIP benefits to an eligible child injured in a motor vehicle crash, including benefits for allowable medical expenses and other covered losses. The insurer responsible for paying those benefits depends on the circumstances of the crash, the child’s household and insurance situation, and Michigan’s applicable no-fault priority rules.

Because the correct source of PIP benefits can vary from one case to another, families should avoid assuming that a particular driver’s or vehicle owner’s policy will automatically provide coverage. An attorney can review the available policies and determine where a claim should be submitted.

When an Adult Brings a Claim on a Child’s Behalf

Because a minor generally cannot pursue a civil lawsuit independently, Michigan law provides procedures for an adult to act on the child’s behalf. Under MCL 600.2051, a minor may bring an action through a next friend.

Settlements involving minors are also subject to special protections. Under Michigan Court Rule 2.420, a proposed settlement in a lawsuit involving a minor must be presented to the court for review, and the judge determines whether the proposed resolution is fair to the child. Additional requirements may apply depending on the amount and structure of the settlement.

What Families Should Do

When a child is seriously injured in a crash, obtaining appropriate medical care is the immediate priority. Families can also preserve records and information related to the crash and consider consulting with a Michigan personal injury attorney. Early legal involvement can help identify applicable insurance coverage, preserve relevant evidence, determine which deadlines apply, and protect the child’s legal rights.

If your child was injured in a crash in Macomb, Wayne, or Oakland County, our team may be able to help. To speak with a Michigan personal injury attorney, contact us today.

• • MCL 600.5851
  • MCL 600.2051
  • Michigan Court Rule 2.420