How Long Do You Have to File a Personal Injury Lawsuit After an Accident in Michigan

How long do you have to File a Michigan Personal Injury Lawsuit?

Dingeman & Dancer

Understanding Michigan’s Statute of Limitations for Auto Accident Claims

Car crashes can be overwhelming, especially when you’re dealing with injuries, medical bills, and the emotional aftermath. In those first days and weeks, filing a claim or reaching out to a personal injury lawyer might not be top of mind. But as time passes, you might start to wonder: How long do you have to file a personal injury lawsuit after an accident in Michigan? If you’ve been injured in a car crash (a.k.a., a motor vehicle accident or “MVA”) in Michigan, it’s important to understand the legal deadlines that apply to your situation. The most critical of these is the statute of limitations, which sets a strict time limit for filing a lawsuit.

Missing this deadline can mean giving up your right to seek compensation, even if your case is strong.

What Is the Statute of Limitations for a Personal Injury Lawsuit in Michigan?

In Michigan, the statute of limitations for filing a personal injury lawsuit against the at-fault driver is 3 years from the date of the accident.

This deadline applies if you are seeking compensation for:

  • Pain and suffering
  • Medical expenses not covered by your insurance
  • Lost wages beyond no-fault coverage
  • Other damages caused by another driver’s negligence

If you do not file your lawsuit within 3 years, the court will likely dismiss your case, and you may lose your ability to recover any damages from the at-fault party.

Michigan operates under a no-fault insurance system. This means your own insurance company—regardless of who caused the crash—is responsible for paying your Personal Injury Protection (PIP) benefits (if you opted in PIP coverage), which may include:

  • Medical expenses
  • Lost wages
  • Replacement services (such as help with household tasks)

However, Michigan law imposes strict deadlines for recovering these benefits.

PIP Time Limits:

  • You must file a lawsuit for unpaid PIP benefits within 1 year from the date each expense was incurred or benefit became due.
  • For example, if you had a medical procedure on June 1, 2024, and your insurer failed to pay, you must file a lawsuit for that bill by June 1, 2025, or lose your right to recover it.

Note: It’s also critical to provide timely notice of the accident to your insurance company post-crash. Don’t hesitate. Delays can jeopardize your claim, even before the 1-year deadline applies.

I’ve been Injured in a Car Crash, When Does the Clock Start?

In most cases, the statute of limitations starts on the date of the accident. However, there are some exceptions under Michigan law:

  • If the injured person is a minor or legally incapacitated, the deadline may be extended. For example, a minor generally has 1 year from the date they turn 18 to file a lawsuit.
  • If there was fraud, concealment, or other legal tolling circumstances, courts may allow more time to file.

What If the Crash Resulted in a Death?

In wrongful death cases, the 3-year limitation still applies, although there are some exceptions (i.e., minors). Legal advice is especially important in any situation, however, due to the complexities.

Why Acting Quickly Matters

Even though the law allows up to 3 years to file a personal injury lawsuit and 1 year for PIP benefit claims, it’s best to take action early. Delays can make it harder to:

  • Gather evidence
  • Obtain medical records
  • Locate witnesses
  • Preserve your legal rights

You also risk losing valuable no-fault benefits if you miss the 1-year deadline for reimbursement.

Have Questions? We’re Here to Help with your Michigan Personal Injury Lawsuit.

If you or a loved a has been injured in a car crash, our experienced personal injury attorneys at Dingeman & Dancer, PLC in Traverse City are ready to help. We offer free consultations and can answer any questions about your rights, Michigan’s no-fault system, and legal deadlines.

Call us today at (231) 929-0500, or contact us here, to schedule your consultation. Don’t wait until it’s too late. Protect your rights and your recovery.

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