MOTORCYCLE ACCIDENT STATUTE OF LIMITATIONS IN MICHIGAN

Michigan law requires that any lawsuit by an injured motorcycle operator against a negligent party who caused a motorcycle accident be filed within three years of the date of the motorcycle accident.  This is commonly known in Michigan as a third-party claim or a tort claim.  This is a separate and distinct lawsuit from what is known as a first-party or no fault claim.  A first-party claim or no fault claim as they are known has a one year statute of limitations, unlike the three year statute of limitations for third party lawsuits against negligent drivers. 

To make matters somewhat more complicated, because many motorcycle accidents are caused by the negligence of a  car or truck driver who is never identified, an uninsured motorist claim may be required if the at fault driver who causes a collision or motorcycle accident is never identified.  Uninsured motorist claims are contractual, not statutory as the first-party and third-party claims discussed above, so the statute of limitations for an injured motorcyclist to bring a claim or lawsuit for his injuries will vary greatly depending on the insurance company and the language of the uninsured motorist contract.  Some uninsured motorist contracts have one year provisions and some have three year provisions.  Some contracts have separate and independent notice provisions to contact the insurance company.  One insurance company in Michigan has an extremely punitive 15 day notice provision, no matter how serious the injuries their own insured suffered in the motorcycle accident.  Again, the best advice that the lawyers at Michigan Auto Law can give you is to review your insurance policies extremely carefully and talk to an experienced Michigan personal injury attorney to review the applicable filing requirements and various statute of limitations that may apply to your or a loved ones motorcycle injury accident.