One-Year Deadline for Claiming No-Fault PIP Benefits
Lawyer Commentary on No-Fault Statute: MCL 500.3145
Limitation of actions for recovery of personal or property protection insurance benefits; period of limitations; tolling; notice of injury
This No-Fault statute establishes the timing limitations for filing a lawsuit to collect unpaid, overdue No-Fault benefits after a car accident.
Specifically, an injury victim cannot sue for No-Fault benefits “later than 1 year after the date of the accident that caused the injury unless” either of the following occurs:
- You or your representative (for example, a lawyer hired on your behalf after a car accident) claim No-Fault benefits from the insurance company by sending written notice of the injury to the insurance company “within 1 year after” the motor vehicle accident that caused the personal injury. The written notice of the car accident-related injury must provide the injured individual’s name as well as the time, place, and “nature of the person’s injury.”
- The insurance company has previously made a payment for No-Fault benefits for the car accident-related personal injury.
If it is necessary after a car accident to hire a lawyer and file a lawsuit for outstanding No-Fault benefits, then so long as notice has been given or payment has been made the lawsuit can be filed at any time within one (1) year after the most recent allowable expense, wage loss, or survivor’s loss.
Importantly, under the new No-Fault law that took effect June 11, 2019, the one-year “period of limitations” for filing a lawsuit to recover unpaid, overdue No-Fault benefits “is tolled from the date of a specific claim for payment of the benefits until the date the insurer formally denies the claim.”
However, an individual will not be able to recover for No-Fault benefits for an accident-related injury that were incurred “more than 1 year before” the day the lawsuit was filed.
No-Fault Insurance Lawyers of Michigan Auto Law
The lawyers of Michigan Auto Law have been specializing in auto No-Fault litigation for more than 50 years. If you have been injured in a car, truck or motorcycle accident and are having trouble with your No-Fault insurance company, please call one of our expert attorneys for a free case evaluation at (800) 777-0028 or fill out our consultation form. There is no fee or obligation.
We are here to help you.