Short answer: In Michigan, most car accident and personal injury lawsuits must be filed within three years of the injury under MCL 600.5805. Several shorter deadlines also apply: No-Fault (PIP) benefits generally require written notice to the insurer within one year, a claim over a defective road usually needs written notice within 120 days, and a claim against the State of Michigan for personal injury generally needs notice within six months. Missing a deadline can end a claim no matter how strong it is.
Reviewed by Attorney Koro E. Khamo, Founder and Managing Attorney, Khamo Law, PLLC. Last updated October 2026.
Michigan Injury Deadlines at a Glance
| Type of claim | General deadline | Michigan law |
|---|---|---|
| Car accident injury lawsuit against the at-fault driver | 3 years from the crash | MCL 600.5805 |
| No-Fault (PIP) benefits: written notice to the insurer | 1 year from the crash | MCL 500.3145 |
| No-Fault (PIP) benefits: lawsuit for unpaid bills | Only losses from the last 1 year can be recovered | MCL 500.3145 |
| Michigan Assigned Claims Plan application | 1 year from the crash | MCL 500.3174 |
| Vehicle damage claim against the at-fault driver (up to $3,000) | 3 years | MCL 600.5805 |
| Slip and fall, dog bite and most other injury lawsuits | 3 years from the injury | MCL 600.5805 |
| Wrongful death | 3 years, with possible extra time for the estate | MCL 600.5805, 600.5852 |
| Defective road or sidewalk (government agency) | Written notice usually within 120 days | MCL 691.1404 |
| Personal injury claim against the State of Michigan | Notice generally within 6 months | MCL 600.6431 |
| Medical malpractice | 2 years, with exceptions | MCL 600.5805 |
| Uninsured or underinsured motorist claim | Set by your policy, which can be shorter than 3 years | Your insurance contract |
What Is a Statute of Limitations?
A statute of limitations is the deadline for filing a lawsuit. Once it passes, the court will usually dismiss the case, even if the other side was clearly at fault. Michigan has different deadlines for different kinds of claims, and a single car accident can involve several of them at once.
The Three-Year Rule for Car Accident Injury Lawsuits
A lawsuit against the driver who caused a crash, for pain and suffering, excess wage loss or medical costs above your PIP limit, generally must be filed within three years of the accident. Under MCL 600.5805(2), the three years run from the time of the injury or death. To recover pain and suffering, your injuries must also meet Michigan’s serious impairment threshold. Our Michigan car accident lawyer page explains that standard.
The One-Year Rules for No-Fault (PIP) Benefits
Your own auto insurer’s personal injury protection (PIP) benefits follow much shorter rules under MCL 500.3145:
- Notice: written notice of the claim must reach the insurer within one year of the accident, unless the insurer has already paid benefits.
- One-year-back rule: if you sue over unpaid benefits, you can recover only losses incurred in the year before the lawsuit was filed.
- Pause while a claim is pending: the clock stops from the date you make a specific claim for payment until the insurer formally denies it, as long as you pursue the claim with reasonable diligence.
If no auto policy applies to you, the application to the Michigan Assigned Claims Plan also has a one-year deadline. See our pages on the one-year-back rule and Michigan No-Fault insurance for more.
Wrongful Death Deadlines
A wrongful death claim generally falls under the same three-year period. Michigan also gives the estate some extra time: under MCL 600.5852, the personal representative may file within two years after the probate court issues letters of authority, but no later than three years after the original deadline ran out. Because this depends on when the estate is opened, families should talk with a lawyer early. Learn more on our Michigan wrongful death lawyer page.
Claims Against the Government: 120 Days and Six Months
Some crashes and falls are caused by a pothole, a broken sidewalk or a dangerous work zone. Claims against a city, county road commission or the Michigan Department of Transportation (MDOT) come with short notice deadlines:
- Defective road or sidewalk: MCL 691.1404 generally requires written notice of the exact location, the defect and the injuries within 120 days.
- Claims against the State of Michigan: MCL 600.6431 generally requires a personal injury or property damage claim to be filed with the Court of Claims within six months of the event.
Our defective or dangerous road accidents page covers these cases.
Minors and People Who Are Incapacitated
Under MCL 600.5851, a person who is under 18 or legally insane when the claim arises has one year after that condition ends to file, even if the regular deadline has already passed. For a child, that generally means until their 19th birthday if the three-year period has run out by then. Medical malpractice claims involving young children follow separate rules, and No-Fault benefits have their own limits on how far back losses can be recovered, so a parent should still notify the auto insurer promptly.
Uninsured and Underinsured Motorist Claims
Uninsured and underinsured motorist coverage is optional in Michigan, and the deadline to make a claim is set by the policy itself. Some policies require notice or a lawsuit much sooner than three years, so read your policy right away or have a lawyer review it. Our uninsured and underinsured motorist page explains how these claims work.
Why Deadlines Matter Even When You Have Time Left
- Preservation of evidence: surveillance video is often recorded over within days, and witnesses forget details.
- Benefits keep flowing: late PIP notice can cut off medical and wage benefits you would otherwise receive.
- Legal rights protection: a case filed one day late is usually dismissed, no matter how serious the injuries.
Steps to Protect Your Claim
- Seek medical attention and follow your doctors’ instructions.
- Give written notice to your auto insurer after any crash with injuries, even if you think the injury is minor.
- Document everything: photos, the police report number, witness names, medical records and missed work.
- Write down the date of the injury and count forward to each deadline in the table above.
- Talk with a lawyer early, especially if a government road, a death or an uninsured driver is involved.
Frequently Asked Questions About Michigan Injury Deadlines
How long do I have to sue after a car accident in Michigan?
Generally three years from the date of the crash for a lawsuit against the at-fault driver. No-Fault benefits from your own insurer require written notice within one year.
What is the statute of limitations for personal injury in Michigan?
For most personal injury claims, including car accidents, slip and falls and dog bites, it is three years from the injury. Medical malpractice is generally two years, and assault and battery claims are generally two years.
Does the clock start on the day of the accident or when I find out I am hurt?
For most injury claims, the three years run from the time of the injury, which is usually the day of the accident. Medical malpractice has its own discovery rule.
Is there a deadline to report a car accident to my insurance company in Michigan?
Yes. To protect No-Fault benefits, written notice must reach the insurer within one year of the accident. Many policies also require prompt notice, so report it as soon as you can.
How long does a family have to file a wrongful death claim in Michigan?
Generally three years, and the estate’s personal representative may get up to two years after letters of authority are issued, within an outer limit of three years after the original deadline.
What if a pothole caused my crash?
Written notice to the responsible agency is usually due within 120 days, and claims against the State of Michigan generally require notice within six months. These are some of the shortest deadlines in Michigan law.
Talk to a Michigan Injury Lawyer About Your Deadline
If you are not sure which deadline applies to you, Khamo Law can review your situation for free. Our attorneys and staff speak Arabic, Chaldean and English. Call (248) 466-0606 or contact us online. There is no attorney fee unless we recover money for you. For an overview of injury claims, visit our Michigan personal injury lawyer page.
General legal information only, not legal advice for your situation. Deadlines can depend on specific facts, so confirm yours with an attorney.