Michigan Car Accident Statute of Limitations | How Long Do You Have to File?

A car accident in Michigan can leave you with serious injuries, medical bills, and lost wages—but if you wait too long to file a claim, you could lose your right to compensation. Michigan law sets strict time limits on when accident victims can file lawsuits for personal injury and property damage.

Understanding the statute of limitations is critical because missing the deadline can prevent you from recovering compensation. This guide explains how long you have to file a claim, when exceptions apply, and what to do if you’re running out of time. Below is a quick reference table outlining Michigan’s car accident statute of limitations.

⏳ Claim Type	⚖️ Deadline to File	📜 Legal Reference
🚗 Personal Injury Lawsuit	3 years from the accident date	MCL 600.5805
🕊️ Wrongful Death Lawsuit	3 years from the accident date	MCL 600.5805
🚙 Property Damage Lawsuit	3 years from the accident date	MCL 600.5805
💰 Mini-Tort Claim (Vehicle Damage)	3 years from the accident date	MCL 500.3135
🏥 No-Fault PIP Benefits	1 year from the accident date	MCL 500.3145

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

Michigan law sets strict deadlines for filing car accident claims. The statute of limitations varies depending on the type of claim you are pursuing. If you were injured in a crash, your time limit to file a lawsuit depends on whether you’re seeking compensation for personal injury, vehicle damage, or wrongful death. Here are the key time limits for car accident claims in Michigan:

Personal Injury Claims – You have 3 years from the accident date to file a lawsuit against the at-fault driver.
Wrongful Death Lawsuits – If the accident resulted in a fatality, the deceased’s family has 3 years from the date of death to file a claim.
Property Damage & Mini-Tort Claims – If your vehicle was damaged in the crash, you have 3 years to file a lawsuit or a mini-tort claim for up to $3,000 from the at-fault driver.
No-Fault Insurance (PIP) Claims – You must submit a claim to your own insurance company within 1 year of the accident to receive medical and wage loss benefits.

Missing these deadlines could result in losing your right to compensation. Next, we’ll cover when exceptions apply to these statutes of limitations.

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Are There Exceptions to Michigan’s Car Accident Statute of Limitations?

In most cases, Michigan’s statute of limitations is strictly enforced—but there are some exceptions that could extend your filing deadline. If you miss these deadlines, you could lose your right to recover compensation. Here are the key exceptions that may apply to your case:

⏳ Exception	⚖️ New Filing Deadline	📜 Legal Reference
👶 Victim is a Minor	1 year from their 18th birthday	MCL 600.5851
🧠 Mentally Incapacitated Victim	1 year from regaining competency	MCL 600.5851
🚗 Hit-and-Run Driver Identified Later	3 years from the date the driver is identified	MCL 600.5805
⚠️ Insurance Fraud or Misrepresentation	Extended until fraud is discovered	MCL 500.3145
🕊️ Wrongful Death Cases	3 years from the date of death	MCL 600.5805

If any of these exceptions apply to your case, you may have more time to file a lawsuit but don’t wait too long. Insurance companies will try to deny claims if you miss deadlines. Are you wondering how the statute of limitations affects no-fault insurance claims now? We will address this question next!

What Happens If You Miss the Filing Deadline?

If you miss Michigan’s statute of limitations for filing a car accident claim, you lose your right to seek compensation—permanently. The courts strictly enforce these deadlines, and insurance companies will use them to deny claims.

For a personal injury lawsuit, the case will likely be dismissed, meaning you cannot recover damages for pain and suffering, medical bills, or lost wages beyond No-Fault benefits.
For a wrongful death lawsuit, the victim’s family loses the right to claim funeral expenses, loss of financial support, and other damages.
For No-Fault insurance claims, if medical bills, lost wages, or other expenses aren’t submitted within one year, the insurance company can legally refuse payment.
For Mini-Tort claims, missing the three-year deadline means you can’t recover vehicle repair costs from the at-fault driver.

If the deadline has passed, legal options may still exist, but only in rare cases. If you’re unsure whether you can still file a claim, consult a Michigan car accident lawyer immediately.

How a Lawyer Can Help Protect Your Right to File a Lawsuit

Navigating Michigan’s strict filing deadlines can be overwhelming, especially when you’re recovering from an accident. A Michigan car accident lawyer can ensure you don’t miss critical deadlines and protect your right to compensation.

Even if you think you have plenty of time, insurance companies often delay claims on purpose hoping victims miss their filing window. A lawyer helps you stay ahead of these tactics and ensures everything is handled on time. Here’s how an experienced lawyer can make sure you meet every deadline and don’t lose your right to compensation:

🏛️ Legal Support	🔎 How It Protects Your Case
Preserves Evidence 📸	Collects police reports, medical records, and witness statements before they disappear.
Handles Insurance Negotiations 🤝	Prevents insurers from delaying or undervaluing your claim.
Files Lawsuits on Time ⏳	Ensures your lawsuit is submitted before the statute of limitations expires.
Determines the Right Deadlines 📅	Identifies which deadlines apply based on injury type and insurance claims.
Challenges Wrongful Denials 🚫	Fights unfair claim denials that insurance companies use to avoid payouts.

FAQs About Michigan’s Statute of Limitations for Car Accidents

Understanding Michigan’s statute of limitations is critical if you’re considering filing a claim. Here are answers to common questions about filing deadlines and legal options:

How long do I have to file a lawsuit after a Michigan car accident?

The statute of limitations for filing a personal injury lawsuit in Michigan is three years from the date of the accident. If the accident resulted in a fatality, the wrongful death lawsuit must be filed within three years from the date of death.

What happens if I miss the filing deadline?

If the statute of limitations expires before filing a lawsuit, the court will likely dismiss the case, and you will lose the right to pursue compensation. No-fault PIP claims that are not submitted within one year of the accident may also be denied by the insurance company.

How soon should I file my PIP claim after a car accident?

Michigan requires accident victims to file a no-fault PIP insurance claim within one year from the date of the crash. Medical bills, wage loss claims, and other PIP-related expenses must also be submitted within one year of the date of service to be eligible for reimbursement.

What is the deadline for filing a mini-tort claim for vehicle damage?

Under Michigan’s mini-tort law, accident victims have three years from the date of the crash to seek up to $3,000 for vehicle repair costs from the at-fault driver.

Can a lawyer help if I am close to missing the deadline?

Yes, an attorney can determine whether any exceptions apply and take immediate legal action to preserve your right to compensation. If a claim is near the deadline, a lawyer can quickly file a lawsuit to prevent it from being dismissed. Michigan’s strict deadlines make it critical to act quickly after an accident. Consulting a lawyer as soon as possible can help protect your claim and ensure you receive the compensation you deserve.

Get Legal Help from a Michigan Car Accident Lawyer Who Puts You First

At The Clark Law Office, we’re not a big law firm that treats you like just another case number, we provide personalized, one-on-one attention to every client. Unlike large firms that pass cases off to associates or call centers, you’ll work directly with an experienced Michigan car accident lawyer who truly cares about your case. Time is limited to file your claim. Don’t wait until it’s too late. Call us today at (517) 347-6900 or fill out our online contact form to schedule your free case review. Let us handle the legal complexities while you focus on recovery. Discover how Michigan’s deadlines fit into the broader claims process in our car accident law and process guide.

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