Michigan car accident law: deadlines, fault and your claim

Filing deadlines in Michigan#

The Revised Judicature Act sets a statute of limitationsStatute of limitations. The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is. Glossary of 3 years for injury and property damage lawsuits, counted from the crash. Michigan's no-fault law adds a shorter clock for your own insurance benefits.

If the injured person dies, the estate can usually file within 2 years after the estate's personal representative receives letters of authority, but no later than 3 years after the usual deadline ran. An injured child gets extra time, a form of tollingTolling. Pausing the limitations clock, for example while the injured person is a child. Glossary: a child has until 1 year after turning 18 to sue, even if the usual period has run.

PIP has a second trap: even when notice was given on time, the claimant may not recover benefits for any part of a loss incurred more than 1 year before the lawsuit is filed. The clock pauses from a specific claim for payment until the insurer formally denies it.

Government bodies are liable for the negligent driving of a government-owned vehicle by an officer, agent or employee. Claims against the State go through the Court of Claims, and the law requires a claim or written notice of intent filed with the clerk of the Court of Claims within 6 months.

How fault is shared in Michigan#

Michigan uses modified comparative faultModified comparative fault. Comparative negligence with a cut-off: once your share of blame reaches the state's bar (50% or 51%), you recover nothing. Glossary with a twist. Your damages are reduced by your share of the blame. If your share is more than 50%, you lose non-economic damages such as pain and suffering, but you can still claim economic losses, reduced by your percentage.

Fault matters less for your own PIP benefits, which are paid whoever caused the crash. Compare Michigan with other states in the fault-rule explainer.

Insurance in Michigan#

Michigan's 2019 no-fault reform lets drivers choose a PIP medical level, for policies issued or renewed after July 1, 2020. The choices are:

The lower your PIP level, the sooner a serious injury can exhaust it. The Michigan Department of Insurance and Financial Services explains the options and takes complaints at 1-877-999-6442.

Bodily injury liability is chosen too. The default is $250,000 per person and $500,000 per crash, and the lowest allowed is $50,000 and $100,000. Other coverages are up to you:

That matters in a state where the Insurance Information Institute estimates 22.3% of drivers were uninsured in 2023, compared with 15.4% nationally.

After a crash in Michigan#

Michigan law says a driver must report immediately to the nearest police station or officer any crash that injures or kills someone or causes apparent property damage of $1,000 or more.

You can buy a copy through the Michigan State Police Traffic Crash Purchasing System (TCPS), which holds reports from every Michigan law enforcement agency. The State Police say processing can take 3 to 30 days after the crash. Our police report guide explains how insurers use it.

Special rules in Michigan: when you can sue#

No-fault limits lawsuits against the driver who caused the crash. Under MCL 500.3135, you can still sue in these situations:

1. Pain and suffering, only if the crash caused death, serious impairment of body function, or permanent serious disfigurement. A serious impairment means an objectively manifested impairment of an important body function that affects the person's general ability to lead a normal life.
2. Economic losses beyond PIP: medical expenses, lost wages and survivor's loss above what PIP pays. This matters more since 2020, because a driver with a lower PIP level can reach the cap.
3. Vehicle damage: the "mini-tort" lets you recover up to $3,000 from the at-fault driver for damage your own insurance does not cover, such as a deductible.

Courts decide case by case whether an injury meets the serious injury thresholdSerious injury threshold. A rule in some no-fault states that lets you sue the at-fault driver for pain and suffering only if your injury meets a legal definition of serious, or a dollar level of medical bills. Glossary. See pain and suffering for how these damages are valued.

Crashes on Michigan roads#

The Insurance Institute for Highway Safety counted 1,098 crash deaths in Michigan in 2024, or 10.8 per 100,000 people, compared with 11.5 per 100,000 people nationally. Speeding played a part in 25% of the deaths, and 41% happened on rural roads.

Finding a lawyer in Michigan#

The State Bar of Michigan runs a Lawyer Referral Service at (800) 968-0738, with details on its website. Its $25 administrative fee is waived for personal injury plaintiffs, and the lawyer you are referred to gives a first consultation of up to 25 minutes free of charge. See our guide to lawyer referral services for how these services work.

Before you hire anyone, search the State Bar's member directory to confirm the lawyer is licensed in Michigan.