Michigan Statute of Limitations For Motorcycle Injury Death Cases

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

 

Motorcycle injury and death cases go after the responsible party for their negligence. These cases have a time limit to sue, which is called the ‘Statute of Limitations.’

What is the statute of limitations for motorcycle injury/death cases in Michigan?

For a Negligence case against the at-fault driver or owner of the vehicle that was a cause of the crash, you have three years to sue. For any No-Fault claims, from the crash you only have one year to sue. More accurately, you must sue before any owed benefit becomes one year old or it does not have to be paid.

 

For a case against a bar that over-served the drunk driver that caused the crash, you have two years to sue. This is called a ‘Dram Shop’ case. There is also a special notice letter that must be sent with 120 days of hiring a lawyer.

 

For Roadway Defect cases, you have two years to sue. However, there is a special notice that has to be sent within 120 days if it is a state road, and as little as 60 days if a county road.

 

How long you have to sue really depends on the specific facts of the accident. This is just an overview.

 

Statute of Limitations (SOL)

 

 

AUTO AND CYCLE CASES:

 

SOL – FIRST-PARTY NO-FAULT CASES –MCL 500.3145

•NOTICE OF CLAIM (NAME OF PERSON, TIME, PLACE & NATURE OF INJURY) WITHIN 1 YEAR OF ACCIDENT.

•CLAIM FOR RECOVERY OF BENEFITS FILED WITHIN 1 YEAR AFTER MOST RECENT ALLLOWABLE EXPENSE WAS INCURRED.  (DAILY DROP OFF FOR ANY PORTION OF THE LOSS INCURRED MORE THAN ONE YEAR BEFORE THE DATE THE LAWSUIT WAS COMMENCED.)

 

SOL – BODILY INJURY CLAIMS- 3 YEARS – MCL 600.5805(10)  [3 yrs Government defendant; 2 yrs dramshop]

 

SOL – UM – 3 YEARS – CHECK THE POLICY BECAUSE SOME UP TO SIX YEARS; get policy! Could it be less?

 

SOL – WRONGFUL DEATH- 3 YEARS - – MCL 600.5805(10) [3 yrs Government defendant; 2 yrs dramshop]

 

SOL -  MOTOR VEHICLE ACCIDENT FUND  RESULTING FROM UNIDENTIFIED DRIVER - 3 YEARS – MCL 257.1118

•NOTICE REQUIRED: NOTICE OF INTENT TO CLAIM AGAINST FUND SERVED ON SECRETARY ON PRESCRIBED FORM 

WITHIN 6 MONTHS OF DATE ACCIDENT.

 

 

DRAM SHOP CASES:

        

SOL–2 YEARS AFTER INJURY OR DEATH – NOTICE TO OWNER WITHIN 120 DAYS FROM ATTORNEY RETENTION DATE [MCL 436.1801(4)]

 

 

ROAD DEFECT CASES:  

 

SOL – 2 YEARS – MCL 691.1402, MCL 691.1411; 

•GOVERNMENTAL AGENCY MUST HAVE KNOWN OF DEFECT AND HAD REASONABLE TIME TO REPAIR.  THIS NOTICE IS CONCLUSIVELY PRESUMED WHEN DEFECT EXISTED SO AS TO BE READILY APPARENT TO AN ORDINARILY OBSERVANT PERSON FOR 30 DAYS OR LONGER BEFORE THE INJURY OCCURRED.

•NOTICE OF THE INCIDENT FOR CLAIMS BY REASON OF A DEFECTIVE HIGHWAY MUST BE SERVED ON THE GOVERNMENTAL AGENCY HOLDING JURISDICTION WITHIN 120 DAYS OF THE INJURY (MCL 691.1404), UNLESS THE INJURED INDIVIDUAL IS A MINOR OR PHYSICALLY OR MENTALLY DISABLED, THEN NOTICE WITHIN 180 DAYS OF THE INJURY.  MCL 691.1404(3)

•120-DAY NOTICE OF CLAIM AGAINST STATE SERVED IN TRIPLICATE WITH CLERK OF COURT OF CLAIMS. MCL 691.1404(2)

 

 

BUS -TRANSPORTATION AUTHORITY CASES:     

 

SOL –2 YEARS  MCL 691.1411 [Claim against government agency; limitation of actions]

 

NOTICE REQUIRED: WRITTEN NOTICE 60 DAYS FROM OCCURRENCE- MCL 124.419

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