Michigan Statute Of Limitations On Car Accidents: Time Limits Explained

The Michigan statute of limitations on car accidents is 3 years from the date of the crash for claims for pain and suffering compensation and 1 year for claims for No-Fault benefits to cover medical expenses and lost wages.

However, depending on the facts of your case, there may also be notice requirements with shortened filing deadlines that you must comply with in order to pursue your claim. 

If you were hurt in a crash in Michigan, an experienced car accident lawyer can help you navigate these statutes of limitation and filing and notice requirements so that you can receive all of the compensation and damages you are legally entitled to, including No-Fault benefits, pain and suffering compensation as excess economic money damages.

Understanding the statute of limitations for car accident claims in Michigan is critical to preserving your right to compensation. A lawyer who specializes in this area of law understands the time limits, notice requirements, and legal exceptions that may apply to your case. Because these rules can be complex, and missing a deadline can cost you everything, it’s essential to have an experienced attorney on your side.

At Michigan Auto Law, our attorneys have been helping car accident victims navigate these statutes of limitations and other legal challenges for over 50 years. We have a proven track record of winning million-dollar verdicts and settlements for our clients. And we have more than 2,500 5-Star reviews attesting to the compassion, care and respect we show to each and every one of our clients. 

Michigan law establishes different statutes of limitations for various types of car accident claims.

For general bodily injury claims, state law provides a three-year time limit under MCL 600.5805.

For No-Fault personal protection insurance (PIP) benefits, a more complex one-year time limit applies under MCL 500.3145.

These time limits are complicated by various exceptions and requirements that can extend or toll these periods, and notice provisions for claims against governmental agencies, which range from 60 days to 2 years, depending on the circumstances.

Understanding these statute of limitations and requirements is crucial for anyone involved in a car accident in Michigan to preserve their legal rights to recovery.

Under Michigan law, the general statute of limitations for bodily injury claims arising from car accidents is “3 years after the time of the death or injury.” (MCL 600.5805(1) and (2))

The law provides that “a person shall not bring or maintain an action to recover damages for injuries to persons . . . unless, after the claim first accrued to the plaintiff or to someone through whom the plaintiff claims, the action is commenced within” the time limit for “all actions to recover damages for the death of a person or for injury to a person or property.”

For crashes involving defective highways under the jurisdiction of governmental agencies, there are specific notice requirements, including:

• 60 Days – MCL 124.419 provides that, if you have been injured in a bus crash involving a state regional transportation authority such as DDOT, SMART, CATA, etc., you must comply with the BUS NOTICE PROVISION by serving WRITTEN notice of your claim “upon the authority no later than 60 days from the” crash.
• 60 Days – MCL 224.21(3) provides that, for a crash that occurs on a county road as a result of “a defective county road, bridge, or culvert under the jurisdiction of the board of county road commissioners,” your notice of intent to sue must be filed within 60 days of your injury.
• 120 Days – MCL 691.1404(1) provides that, “as a condition to any recovery for injuries sustained by reason of any defective highway, the injured person, within 120 days from the time the injury occurred, except as otherwise provided in subsection shall serve a notice on the governmental agency of the occurrence of the injury and the defect.”
• 180 Days – MCL 691.1404(1) and (3) provides that if the person who was injured “ by reason of any defective highway” was “under the age of 18 years at the time the injury occurred,” then “not more than 180 days from the time the injury occurred” he or she must serve “notice on the governmental agency of the occurrence of the injury and the defect.”
• 180 Days – MCL 691.1404(1) and (3) provides that if the person who was injured “ by reason of any defective highway” is “physically or mentally incapable of giving notice,” then “not more than 180 days after the termination of the disability” he or she must serve “notice on the governmental agency of the occurrence of the injury and the defect.”
• 6 Months – MCL 600.6431(1), (2), & (4) and MCL 691.1410(1) provide that, in a claim for personal injury damage against the state (including claims under the defective highway exception to governmental immunity), you must file a written and verified (i.e., notarized) claim or notice of “intention to file a claim against this state . . . with the clerk of the court of claims within 6 months” after your crash.

2 Years – 28 U.S.C. Section 2401(b) and 28 U.S.C. Section 2675(a) and (b) provide that, if your case involves a crash-related claim against a federal governmental agency, then under the Federal Tort Claim Act you must file a written notice of your claim within 2 years from the date of the crash.

How the discovery rule can impact the statute of limitations on a car accident lawsuit in Michigan?

In Michigan, the discovery rule can affect the statute of limitations for filing a car accident lawsuit by potentially extending the deadline to sue. Normally, the time limit to file most injury claims resulting from a motor vehicle crash is three years from the date of the incident. However, under the discovery rule, if a plaintiff did not—and could not reasonably have—discovered their injury or its cause right away, the clock may start running only when the injury is discovered or should have been discovered with reasonable diligence. This rule is especially important in cases where injuries from the crash are not immediately apparent, such as latent medical conditions or delayed symptoms. Understanding how the discovery rule applies can be critical to protecting your right to seek compensation after a crash.

Are there exceptions to the statute of limitations for car accident claims in Michigan?

Yes, there are some exceptions to the statute of limitations for car accident claims in Michigan. While the standard deadline to file a lawsuit is generally three years from the date of the crash, certain circumstances can extend or alter this time frame. For example, the discovery rule may apply if the injury or its cause wasn’t immediately known, potentially delaying when the time limit starts. Additionally, if the injured party is a minor or legally incapacitated, the filing deadline may be paused until they reach the age of majority or regain capacity. There are also rare situations involving government entities where different rules and shorter deadlines apply. It’s important to consult with an attorney promptly to understand how these exceptions might impact your case.

In Michigan, missing the car accident statute of limitations—whether the three-year limit for injury and property claims or the one-year limit for no-fault PIP benefits—usually means losing your right to compensation, as courts will dismiss your case regardless of the evidence.

Insurance companies are not obligated to pay claims filed after the deadline has expired, and judges generally have no discretion to extend the time unless a recognized legal exception applies. That’s why it’s crucial to act quickly and consult an experienced auto crash attorney who can help you meet every deadline and preserve your right to recover damages.

Why to act quickly to hire a lawyer after a crash

Hiring a lawyer quickly after crash is essential to preserve crucial evidence and gather fresh, reliable information. Early legal advice helps you understand your rights and options under Michigan’s car accident statute of limitations, ensuring you meet all important deadlines and protect your chance for fair compensation.

1. Evidence preservation
2. Fresh evidence
3. Legal counsel

1. Evidence preservation

Hiring an attorney soon after a crash is vital to ensuring key evidence is properly preserved, which can make or break your case. A skilled lawyer knows what evidence to collect—such as photos, witness statements, and official reports—and takes steps to secure it before it’s lost, damaged, or altered. Preserving this evidence early on is crucial because it provides a clear and accurate picture of the crash, helping to prove liability and the extent of your injuries. Without strong evidence, it becomes much harder to build a convincing claim or negotiate a fair settlement.

Fresh Evidence

Hiring an attorney soon after a motor vehicle crash is important because they can help gather fresh evidence that strengthens your case. Lawyers know how to promptly collect crucial information like witness statements, surveillance footage, and medical records while details are still clear and memories are fresh. They can also work with experts to reconstruct the crash scene or evaluate the impact, providing objective support for your claim. This timely collection of fresh evidence is key to building a strong case, as it helps establish fault and the extent of your injuries before evidence fades or becomes harder to obtain.

Legal counsel

Hiring an attorney soon after a crash is important because they can help you navigate the strict time limits for filing a claim. Michigan law sets deadlines, known as statutes of limitations, that require legal action to be taken within a certain period after a car accident. An experienced attorney will ensure all necessary documents are prepared and filed correctly and on time, preventing your claim from being dismissed due to missed deadlines. By acting promptly with legal guidance, you protect your right to seek compensation and avoid costly mistakes that could jeopardize your case.

Choosing the best lawyer for your case involves five important considerations:

1. How many crash cases has the lawyer handled?
2. Does the lawyer specialize exclusively in this area of law?
3. How many million-dollar verdicts and settlements has he or she won?
4. Is the lawyer known for taking cases to trial when a full and fair offer has not been made?
5. How does the lawyer treat his or her clients? (Hint: check out lawyer’s reviews)

If you’ve been injured in a crash, our attorneys have the experience, focus, and proven results to help you recover the full compensation you’re entitled to. For more than five decades, our firm has handled car accident cases exclusively, giving us a deep understanding of Michigan’s no-fault laws, liability claims, statute of limitations and the ever-changing rules around insurance and personal injury.

Our reputation for excellence is backed by thousands of five-star client reviews and top honors from Best Law Firms in America, Best Lawyers in America, and Super Lawyers. We intentionally limit our caseload so we can devote the time, resources, and personal attention each client deserves. When insurance companies see our name, they know we’re prepared to go to trial if a full and fair settlement isn’t offered, often resulting in better outcomes without ever stepping into court.

If you were injured in a car accident in Michigan and have questions about the statute of limitations and need help with your claims, call now (888) 820-9727 for a free consultation with an experienced auto crash lawyer near you. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.

Our law firm is the state’s largest and most successful law firm that specializes exclusively in helping people who have been injured in automobile crashes.

Our secret? Our attorneys deliberately handle fewer cases than other personal injury law firms.  This allows us to focus more time and attention on our cases.

Unlike other law firms, our attorneys are never too busy to promptly return phone calls and answer questions. 

We have more than 2,500 5-Star Reviews that reflect this care and attention to detail.

More importantly, this client-focused approach leads to better and faster settlements for our clients. Our law firm has recovered more million-dollar settlements and trial verdicts for motor vehicle crashes than any other attorney or law firm in the state. We’ve also recovered the highest ever reported truck crash and auto crash settlement in the state.

Call now so we can start making a real difference for you.