How Long Do I Have to File a Car Accident Claim in Michigan?

In Michigan, there are certain deadlines for filing a car accident claim. This is called a statute of limitations. If you miss the deadline, the injured person will forever give up their right to obtain certain benefits or receive pain and suffering compensation.

Every state has its own rules. Because Michigan is a no-fault state, the rules can be confusing and less straightforward than in other states.

QUICK SUMMARY: MICHIGAN CAR ACCIDENT DEADLINES 

• Pain & Suffering Lawsuit: 3 Years from the date of the crash (MCL 600.5805).
• No-Fault (PIP) Benefits: 1 Year to file a written claim with the insurance company (MCL 500.3145).
• Minors (Under 18): Generally have until their 19th Birthday to file suit.
• Government Vehicles: 3 Years to sue, but you must file a "Notice of Claim" within 6 months.
  

The Deadline for a Car Accident Case

In general, a person has three (3) years from the date of the crash to file a lawsuit against the proper defendant(s).

If a person waits longer than 3 years, they cannot make a claim for non-economic damages – such as pain and suffering – against the negligent driver or owner. (MCL 600.5805).

However, this three-year deadline applies only to pain-and-suffering cases. The statute of limitations differs in Michigan no-fault cases.

What is the Deadline for Michigan No-Fault Cases?

In general, the statute of limitations for a Michigan no-fault claim is one (1) year from the date of the accident (MCL 500.3145).

But this deadline can be extended if the insurance company has not formally denied the claim, and as long as the benefits are not more than one year old. This is called the one-year back rule. If more than one-year passes, the ability to recover that benefit from the car insurance carrier is forfeited.

Example:
John Smith was injured in an auto accident on January 30, 2026. He incurred medical bills that day when he went to the hospital. Mr. Smith has until January 30, 2027, to make sure his car insurance carrier, Allstate Insurance, pays the hospital bill. If Allstate does not pay, Mr. Smith must file a lawsuit against Allstate Insurance on or before January 30, 2027, to protect his right to recover the medical bill.

Tolling: When the Clock Stops

However, there is a major caveat. This deadline is “tolled” or stopped if Allstate never denies the claim in writing. In other words, Mr. Smith could file a lawsuit after January 30, 2027, and include the January 30, 2026, bill if Allstate never denied his claim that year.

But if Allstate did decline to pay the hospital bill (for example the treatment was not related to the crash), if Mr. Smith did not file a lawsuit, he would forever lose his ability to have Allstate pay the hospital bill.

Example:
John Smith was injured in an auto accident on January 30, 2026. He incurred medical bills that day and over the next six months following the crash. Allstate Insurance pays the medical bills for the first three months, but after that declines to pay any further medical bills, arguing that the treatment was not reasonable and necessary. Mr. Smith must file a lawsuit by January 30, 2027, to ensure Allstate is legally responsible for paying all of his outstanding bills.

Written Notice to the Car Insurance Carrier is Required

Unless the insurance company starts making payments on a claim, written notice of injury must be given to the insurer within 1 year after the accident.

The notice must give the name and address of the claimant and indicate in ordinary language the name of the person injured and the time, place, and nature of the person's injury. (MCL 500.3145(4)).

Michigan No-Fault Benefits Have a Rolling Statute of Limitations

In effect, there is a rolling statute of limitations for Michigan no-fault benefits. Unless a lawsuit is filed, the claimant loses their ability to recover benefits that are over a year old with each passing day. Recovery is limited to losses incurred within the one year immediately preceding the filing of the lawsuit.

Example:
Jacqueline is injured in a bad car wreck on January 30, 2026. She goes to the hospital, requires physical therapy, and ends up having surgery. She can’t work for the next 9 months. She returns to work on October 1, 2026. During this time, Cure Insurance has refused to pay all medical bills and lost wages from the crash.

Jacqueline must file a lawsuit against Cure Insurance by January 30, 2027, to collect all outstanding benefits.

Jacqueline could still file a lawsuit on March 1, 2027, but she would only be able to get outstanding benefits incurred between March 1, 2026, through March 1, 2027. The bills and unpaid wages incurred between January 31, 2026, and February 28, 2027, would be lost forever.

Car Accident Cases Involving Minors

If a minor is injured in an auto accident, then the minor has more than 3 years to file a lawsuit. In general, a minor has until their 19th birthday to commence a lawsuit against the correct defendants (MCL 600.5851).

This statute is called the minority-tolling provision. This is because minors are considered “disabled” for purposes of filing a lawsuit on their own, and the law provides an additional year after the “disability is removed."

Warning: It is important to be careful when dealing with minors. Some people believe you get an additional 3 years from the child’s 18th birthday to file a lawsuit. This is not accurate. A person must file a lawsuit by their 19th birthday, not by their 21st. Contact an experienced Michigan car accident lawyer to find out your rights.

Car Accidents Involving Wrongful Death

The time limit for car accidents resulting in wrongful death is governed by MCL 600.5805 and the wrongful death act, MCL 600.5852.

Effectively, the Estate for the deceased person has three (3) years from the date of the motor vehicle accident to file a lawsuit. Opening an Estate is not simple and takes time. That’s why it is so important to contact a Michigan car accident law firm that specializes in wrongful death cases as quickly as possible after such a tragedy.

Car Accident Cases Against Government Defendants

The statute of limitations against negligent drivers operating government vehicles, such as a police car or salt truck, is also three (3) years.

However, there are special rules when the defendant is the State of Michigan. For example, if a Michigan State Trooper causes the crash, the plaintiff must put the State of Michigan on notice of a potential claim within 6 months of the crash (MCL 600.6431).

In addition, the notice of claim must contain:

• A statement of the time when and the place where the claim arose.
• A detailed statement of the nature of the claim and of the items of damage alleged or claimed to have been sustained.
• A designation of any department, commission, board, institution, arm, or agency of the state involved in connection with the claim.
• Signature and verification by the claimant before an officer authorized to administer oaths.

Contact the Lee Steinberg Law Firm today at 1-800-LEE-FREE (1-800-533-3733). We will ensure you never miss a deadline.