When Is It Too Late To File Car Accident Claims In Michigan?

Michigan Auto Insurance & Motor Vehicle Accidents

An experienced Michigan car accident attorney is the best resource for answering questions about a potential car accident case, and the associated time limits. Some of the most common concerns brought to auto lawyers involve time limits for older accidents. Michigan Auto Law has helped many clients file successful claims for older car accidents, even those dating back 20 years. Unfortunately without guidance from a Michigan car accident attorney, good people have lost thousands simply because they were not aware of strict time limits for filing car accident claims in Michigan. To understand time limits, it’s easiest to think of your car accident as having 2 potential cases – one involving your own car insurance (first-party) and the second involving the other driver or their auto insurance (third-party).

CASE # 1: FIRST PARTY (Motor Vehicle Accident Victim's Insurance)

Michigan Auto No Fault Insurance Law: 1 Year Time Limit to File

Motor vehicle accident victims have only 1 year to file an Michigan Application for Benefits with their own (first party) motor vehicle insurance company to qualify for reimbursement of any expense resulting from their auto accident (i.e., medical, mileage, wage loss, replacement services and attendant care).

Michigan Auto No Fault Insurance Law: Lifetime Benefits - Medical, Mileage & Attendant Care Only

If and only if the motor vehicle accident victim files a Michigan Application for Benefits within 1 year, he or she may have a case for life against the victim’s own (first party) no fault insurance company. This potential lifetime benefit applies only to medical, mileage and attendant care costs incurred as the result of the motor vehicle accident. Attendant care benefits apply if the victim requires aid or assistance with activities of daily living, monitoring or supervision – and can be filed whether or not the driver was at fault.

Michigan Insurance Law: 3 Year Limit - Wage Loss & Replacement Services

There is strict 3 year limit for reimbursement of wage loss and replacement services. The lifetime benefit noted above only applies to medical, mileage and attendant care expenses. Again, there is a strict one year limit for filing a Michigan Application for Benefits with the car insurance carrier. Without this, motor vehicle accident victims cannot sue their first party insurance for benefits and can never bring a claim. For your convenience, our Michigan car accident lawyers have made a generic Michigan Application for Benefits form available as a free download.

CASE # 2: THIRD PARTY (Other Motor Vehicle Driver's Insurance)

Michigan Auto Insurance Law: 3 Year Time Limit:

If the Michigan motor vehicle accident took place more than 3 years ago, the motor vehicle accident victim cannot sue the other driver or their insurance company for injuries, no matter how serious. The only exception is for minors and those who have been rendered incompetent.

Again, it is never too early, or too late to contact a Michigan auto accident attorney with any questions about time limits for documenting and filing auto accident injury claims. A car accident lawyer can be reached at 800-777-0028 or by using the confidential free consultation form.