If you have been involved in a car accident in Michigan, it is important to understand how much time you have to file a claim for your personal injuries against the at-fault driver who caused the accident. The amount of time allowed to file a tort claim is established by Michigan law, and it is known as the statute of limitations.
The time you have to file a claim normally starts on the date of the accident. Michigan law allows three years from the date of the accident to file a civil lawsuit seeking compensation for your injuries and financial losses caused by an accident. However, in certain situations, the amount of time to file a claim may be extended.
Michigan’s Statute of Limitations for Personal Injury Claims Includes Some Exceptions:
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- If a minor child has been injured in a car accident in Michigan, the minor has until his or her nineteenth birthday or 3 years from the date of the accident, whichever is later.
- If you are disabled and unable to act on your rights, the time for filing begins on the date your legal disability status is removed. For example, if you were in a car accident and as a result of your injuries, you were declared legally disabled due to a brain injury, you would have additional time to file your claim from the date you were determined to be incompetent.
- If an injured person(s) dies within the initial three-year period, an additional period of time from the date of death may be added to the end of the statute of limitations depending on the date that a personal representative is appointed by the Probate Court with jurisdiction over the estate.
Investigation of Accident
If you have been injured in a car accident in Michigan, it is important to investigate the accident, collect relevant evidence, identify the at-fault parties and their insurers and interview witnesses, take relevant photographs and preserve any evidence that may be important in pursuing a personal injury lawsuit. Your best course of action, after addressing your emergent medical needs, is to talk to an experienced attorney to discuss your rights and legal options.
Governmental Parties
There are additional time constraints that you need to be aware of if your car accident involved a federal, state, local or governmental entity. If you do not follow the statutory rules for filing a “notice of claim,” you can lose your right to receive any compensation from the governmental agency involved in the accident. A notice of claim is a formal part of the legal process in Michigan when making a claim against a governmental agency. This is another reason you should consult with a car accident lawyer right away to discuss your case.
Why Is More Time Not Allowed to File a Claim?
The general thinking on this issue is that as more time goes by, people’s memories fade, witnesses may disappear, and physical evidence such as records may get lost, damaged or destroyed. In the interest of fairness and justice, a statute of limitations helps to ensure plaintiffs and their attorney’s act with due diligence and that a party being sued is not prejudiced by the passage of time.
What Happens of the Statute of Limitations Expires?
If the statute of limitations expires, you no longer have a right to file a claim for compensation. If you were to attempt to file a lawsuit after the statute of limitations expired, your case will likely be dismissed by the court. However, there are exceptions that might be applicable in your specific situation as explained previously.
How to File a Car Accident Claim in Michigan
Most people know what steps to take when they are involved in a car accident, such as dealing with injuries, calling 911, exchanging contact information with other drivers, identifying witnesses, taking cell phone photos, and calling their insurance company.
In the state of Michigan, the process does not stop after calling your insurance company. There may be notice requirements depending on the nature of the claim being presented including a claim for uninsured motorist benefits or no-fault insurance claims. Generally, a no-fault insurance claim must be submitted within one year of the date the claim was incurred or the right to sue for the benefit may be barred.
Written notice of the claim must be filed within one year of the accident date. There are also various notice requirements when pursuing a claim for uninsured or underinsured motorist benefits depending on the insurance contract.
If you have sustained injuries and another driver caused the accident, it is best to consult with a car accident attorney before giving a statement to the other driver’s insurance company. Your attorney can deal with the other driver’s insurance company on your behalf and seek compensation for your injuries and damages from the at-fault driver’s insurance company. An attorney can keep track of the statute of limitations and notification requirements for your accident claim.
The Law Firm of Logeman, Iafrate & Logeman, PC in Ann Arbor will handle your case in a professional manner, keep you informed of what is happening with your case, and work to make sure that you and your family obtain a fair resolution. Call us for a free consultation.