HOW MUCH TIME DO I HAVE TO FILE A Car Accident Claim?

One of the most frequently asked questions posed to Michigan car accident lawyers, and by far one of the most important, is “How Much Time Do I Have to File a Car Accident Claim?”    First, auto accident victims must realize that there may be 2 potential cases – one involving the accident victim’s own car insurance (first-party) and the second involving the negligent driver or their auto insurance (third-party).

FIRST PARTY (Victim’s Insurance)

1 Year Time Limit:
Car accident victims have only 1 year to file an Application for Benefits with their own (first party) car insurance company to qualify for reimbursement of expenses resulting from an accident (including medical, mileage, wage loss, replacement services & attendant care benefits).

Lifetime Benefits for Medical, Mileage & Attendant Care Only:
If the car accident victim files the Application for Benefits within 1 year, he or she may also have a case for life against the victim’s (first party) auto insurance company. This lifetime benefit applies only to medical, mileage and attendant care costs incurred directly resulting from the car accident. Attendant care benefits will only apply if accident victim requires assistance with activities of daily living, monitoring or supervision.   Attendant care benefits can be filed whether or not the driver was at fault.

3 Year Limit for Wage Loss & Replacement Services:
The time limit for wage loss and replacement services is 3 years.  The lifetime benefit noted above only applies to medical, mileage and attendant care expenses.  Again, the Application for Beenfits must be filed first within one year with the auto insurance carrier. Without this, victims can not sue their own (first-party) insurance company for benefits and can never bring a claim.

THIRD PARTY (Other Driver’s Insurance)

3 Year Time Limit:
If the auto accident took place over 3 years ago, the victim can not sue another driver or their no fault insurance company for injuries, no matter how serious. The only exception is for minors and those who have been rendered incompetent.