Michigan Statute of Limitations for Motorcycle Accident Claims

The Motorcycle Legal Minute™ was created by Jason Waechter, THE Motorcycle Lawyer sm, to explain Michigan’s motorcycle law in a short and easy to understand way.

There are two major claims a Michigan motorcyclist may have after a wreck: a No-Fault claim and an injury claim. Our No-Fault law sets time limits on certain aspects of a motor vehicle accident. A No-Fault claim must be made with the appropriate insurance company within one year of the crash. 

What Is The Time Limit For Filing A Motorcycle Accident Claim in Michigan?

The No-Fault law prescribes a certain period of time, a time limitation, for the bringing or filing a certain kind of legal action. This is called the Statute of Limitations. The time limit regarding an unpaid No-Fault benefit is one year. The benefit cannot get over one year old without filing a lawsuit.

For example, if there is a $10,000 emergency room bill, if a lawsuit is not filed within one year of the treatment date, the insurance company doesn’t have to pay it. On the other hand, an injured motorcyclist has three years to sue for pain-and-suffering damages against the at-fault driver.

Copied here is the statute of limitations for No-Fault (PIP) benefits and below it is the statute of limitations for negligence cases (motor vehicle accidents):

MCL 500.3145 Limitation of actions for recovery of personal or property protection insurance benefits; period of limitations; tolling; notice of injury.

Sec. 3145.

  (1) An action for recovery of personal protection insurance benefits payable under this chapter for an accidental bodily injury may not be commenced later than 1 year after the date of the accident that caused the injury unless written notice of injury as provided in subsection (4) has been given to the insurer within 1 year after the accident or unless the insurer has previously made a payment of personal protection insurance benefits for the injury.

  (2) Subject to subsection (3), if the notice has been given or a payment has been made, the action may be commenced at any time within 1 year after the most recent allowable expense, work loss, or survivor's loss has been incurred. However, the claimant may not recover benefits for any portion of the loss incurred more than 1 year before the date on which the action was commenced.

  (3) A period of limitations applicable under subsection (2) to the commencement of an action and the recovery of benefits is tolled from the date of a specific claim for payment of the benefits until the date the insurer formally denies the claim. This subsection does not apply if the person claiming the benefits fails to pursue the claim with reasonable diligence.

  (4) The notice of injury required by subsection (1) may be given to the insurer or any of its authorized agents by a person claiming to be entitled to benefits for the injury, or by someone in the person's behalf. 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.

  (5) An action for recovery of property protection insurance benefits may not be commenced later than 1 year after the accident.

600.5805 Injuries to persons or property; period of limitations; "adjudication," "criminal sexual conduct," and "dating relationship" defined.

  (1) A person shall not bring or maintain an action to recover damages for injuries to persons or property unless, after the claim first accrued to the plaintiff or to someone through whom the plaintiff claims, the action is commenced within the periods of time prescribed by this section.

  (2) Except as otherwise provided in this section, the period of limitations is 3 years after the time of the death or injury for all actions to recover damages for the death of a person or for injury to a person or property.

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