Michigan car accident statute of limitations: the three-year and one-year clocks
Check the Michigan car accident statute of limitations and your PIP date on a free call.
Michigan runs two clocks at once. Your no-fault PIP claim against your own insurer has a one-year limit under MCL 500.3145. A suit against the other driver for pain and suffering has three years, but only for a serious injury.
The deadlines in Michigan
| What | Time limit | Law |
|---|---|---|
| Injury lawsuit against the driver | Three years | MCL 600.5805 |
| Car damage (mini-tort) claim | Three years; up to $3,000 not covered by insurance | MCL 500.3135 |
| No-fault PIP benefits | Notice or suit within 1 year of the crash | MCL 500.3145 |
| Shared fault | Over 50 percent: no pain and suffering damages | MCL 600.2959 |
| Minimum liability cover | $250,000 / $500,000 / $10,000; may elect $50,000 / $100,000 | MCL 500.3009 |
| Road defect claim against a government agency | Notice within 120 days | MCL 691.1404 |
Two Michigan deadlines that run side by side
Personal protection insurance or PIP, is your own no-fault cover for medical bills and lost wages. You must give your insurer written notice within one year of the crash or sue within that year. Even then, a PIP suit cannot recover bills incurred more than a year before filing, per section 3145.
The lawsuit against the at-fault driver has three years under MCL 600.5805. That suit is mainly about pain and suffering.
The serious injury test and the mini-tort
Michigan lets you sue for pain and suffering only after death, permanent serious disfigurement or a “serious impairment of body function” under section 3135. That means a visible injury to an important function that affects your general ability to live your normal life.
Car damage works differently. You can claim up to $3,000 of repair cost your own policy did not pay. That claim is lost if you were more than half at fault.
Fault, limits and government roads
If you were more than 50 percent at fault, a court still cuts your economic damages by your share. You get no pain and suffering award, under section 2959. Default liability limits are $250,000 and $500,000, though buyers can sign down to $50,000 and $100,000, per section 3009.
A pothole or broken road needs written notice to the agency within 120 days, under MCL 691.1404. A hurt child gets at least one year after turning 18 to sue, under section 5851.
When to reach a Michigan car accident lawyer
The one-year PIP limit is the date people miss most. An attorney can send the notice, track denied bills and build the serious impairment proof. The call is free and the lawyer is paid only if you win.
Other states: Ohio, Indiana, Wisconsin, Illinois or every state on one page.
Michigan car accident statute of limitations questions
How long do I have to sue after a Michigan car accident?
Three years against the at-fault driver. Claims for PIP benefits from your own insurer have a one-year limit.
Can I sue for pain and suffering in Michigan?
Only for death, permanent serious disfigurement or a serious impairment of body function.
Who pays for my car damage in Michigan?
Mostly your own collision cover. The at-fault driver can owe up to $3,000 more through the mini-tort.
Before the clock runs out
Michigan insurers often deny PIP bills and wait for the one-year limit to pass. Call before you sign anything and a lawyer will check your dates and your offer free.
Call about my deadline(833) 716-6705
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