How Long After A Car Accident Can You Claim Injury?
How long after a car accident can you claim injury in Michigan is an important question that you must know the answer to. You have one year from the date of the car crash to file for No-Fault PIP benefits and three years to file for pain and suffering compensation, excess medical benefits and other economic damages.
It’s crucial that crash victims know these time limitations for filing after they have been injured in a collision. The penalties for failing to file on time are severe and will likely result in you losing your right to recover the No-Fault benefits and compensation you would otherwise be entitled to. Any lawsuit filed after the time limitations set by law will be dismissed.
To better understand what you need to do to file for an injury, call one of our experienced lawyers for a free consultation.
How long after a car accident can you claim injury in Michigan?
Victims frequently ask how long after a car accident can I claim injury. In Michigan, you have one year from the date of the crash to file for No-Fault personal protection insurance benefits and three years to sue for pain and suffering compensation, excess medical benefits and other economic damages.
How long after a crash can you file for compensation?
How long after a car accident can you file an injury claim depends on what you are claiming. If you’re filing for No-Fault benefits, then you have one year from the date of the crash. If you’re filing for pain and suffering compensation, excess medical benefits and other economic damages, you have 3 years.
Car accident insurance claim time limit for injury
The limit for filing with your auto insurance after a crash for No-Fault benefits is one year from the date of the crash. However, if you have filed a timely No-Fault application, then you have one year to sue for unpaid No-Fault benefits from the date of your most recent medical bill and/or wage loss.
Specifically, a crash victim cannot sue for unpaid, overdue No-Fault benefits “later than 1 year after the date of the crash that caused the injury unless” either of the following occurs:
- The victim or his or her representative (for example, a lawyer hired on your behalf after a car accident) can claim No-Fault benefits from the insurance company by sending a “written notice of the injury” or No-Fault application to the insurance company “within 1 year after” the motor vehicle crash that caused the personal injury. (MCL 500.3145(1), (2) and (4))
- The insurance company has previously made a payment for No-Fault benefits for the collision-related personal injury. (MCL 500.3145(1))
However, if it is necessary to hire a lawyer after a collision and file a lawsuit for unpaid, overdue and outstanding No-Fault benefits, then so long as the No-Fault application (or “written notice of injury”) has been given or payment has been made, the lawsuit can be filed “at any time within 1 year after the most recent allowable expense, work loss, or survivor’s loss has been incurred.” (MCL 500.3145(2))
Importantly, an individual will not be able to recover for No-Fault benefits for a crash-related injury that were incurred “more than 1 year before” the day the lawsuit was filed. (MCL 500.3145(2))
Under the new No-Fault law that was passed Public Act 21 of 2019, the one-year “period of limitations” for filing a lawsuit to recover unpaid, overdue No-Fault benefits – after a No-Fault application has been filed or after payment has been made by the auto insurance company – “is tolled from the date of a specific claim for payment of the benefits until the date the insurer formally denies the claim.” (MCL 500.3145(3))
About insurance filing time limits
The car accident claim time limit for injury that applies in your case depends on your specific case. Filing for No-Fault benefits must be within 1 year of your crash. Filing for pain and suffering compensation, excess medical benefits and other economics damages must be filed within 3 years of the collision.
What is the time limit for uninsured motorist claims?
The time limit for filing under your “uninsured motorist coverage” will depend on the time limitations stated in your UM insurance policy.
What is the time limit for underinsured motorist claims?
The time limit for filing under your “underinsured motorist coverage” will depend on the time limitations stated in your UM insurance policy.
Injured and need a lawyer after a collision in Michigan?
If you have been injured and you have questions about how long after a car accident can you claim injury in Michigan, you can call toll free anytime 24/7 at (800) 777-0028 for a free consultation with one of our experienced attorneys. There is absolutely no cost or obligation. You can also get help from an experienced attorney by emailing [email protected] or you can use the chat feature on our website.