How Long Do I Have to File A Lawsuit Following A Michigan Car Accident?
Typically, the statute of limitations for a Michigan car accident is three (3) years for a pain and suffering claim. This means you have 3 years from the date of the accident to file a lawsuit. If you don’t file a lawsuit in court within three years, you forever forfeit your right to sue the at-fault parties and obtain compensation.
However, the statute of limitations for a Michigan no-fault claim is one (1) year. A claimant seeking no-fault benefits, such as outstanding wage loss, payment of doctor’s bills, hospital bills, reimbursement of out-of-pocket costs and other no-fault benefits has one year to file a notice of claim with the car insurance company responsible for paying your no-fault benefits.
Further, the claimant has one year from the date the benefit was incurred to file a lawsuit to protect access to that benefit. This is known in the industry as the “one-year back” rule.
In other words, if a benefit (such as lost wages or a hospital bill) is incurred on December 2, 2018, the plaintiff must ensure the no-fault insurance company pays that benefit by December 2, 2019. If the car insurance fails to do so, the plaintiff must file a lawsuit by December 2, 2019 to stop the clock. If the plaintiff fails to file the lawsuit, the plaintiff loses that right to get any benefits incurred on December 2, 2018 or any dates before.
The statute of limitations on Michigan no-fault claims is a “rolling” statue of limitations. It is a 1-year deadline that keeps rolling to the next day.
There are some special rules on the timing of lawsuits involving governmental defendants, such as the Michigan State Police, county workers and city workers.
Because the statute of limitations is so important, it is vital anybody involved in a Michigan car wreck contact an experienced Michigan car accident injury lawyer so he or she can explain your rights.
If you have any questions about a Michigan no-fault car accident case, please give our office a call at 1-800-533-3733 (1-800-LEE-FREE) so we may answer your questions. The phone call is free and we don’t get a fee unless we win your case.