How Long Do You Have to File a No-Fault Claim in Michigan?
How Long Do You Have to File a No-Fault Claim in Michigan?
Michigan does not have one no-fault personal protection insurance (PIP) deadline. MCL 500.3145 treats written notice or prior payment, the time to sue, recovery of older losses, and tolling as separate issues.
Reporting a crash, submitting a bill, and filing a lawsuit are different steps. The date that controls depends on the step and the claim records.
What Written Notice Does Michigan's No-Fault Deadline Law Require?
MCL 500.3145(1) generally bars a PIP benefits action more than one year after the accident. The statute provides alternatives when the insurer received qualifying written notice within that year or previously paid PIP benefits for the injury.
Under subsection (4), the claimant or someone acting on the claimant's behalf may give notice to the insurer or an authorized agent. The notice must give the claimant's name and address and identify the injured person and the time, place, and nature of the injury.
Do not assume a police report, phone call, or claim number satisfies these requirements. Preserve the notice and proof showing when, how, and where it was sent.
Which insurer should receive the notice is a separate priority question. Michigan Legal Center explains which insurer should receive the PIP claim and provides broader context in its Michigan No-Fault statutes guide.
When Can a Lawsuit for PIP Benefits Be Filed?
An action under MCL 500.3145 is a lawsuit seeking PIP benefits. Reporting the crash or sending bills to an adjuster is not the same as starting that action.
If qualifying notice was given or the insurer previously paid PIP benefits, MCL 500.3145(2) permits an action within one year after the most recent allowable expense, work loss, or survivor's loss was incurred. However, the claimant may not recover benefits for any portion of the loss incurred more than one year before the date on which the action was commenced. This remains subject to subsection (3).
Do not calculate a filing date from that general rule alone. The answer depends on the claim records: whether notice or prior payment qualify, when a loss was incurred, and whether tolling applies. Preserve proof of any PIP payment.
What Does the Michigan PIP One-Year-Back Rule Limit?
The one-year-back rule limits which older losses may be recovered. It is not the deadline to start a lawsuit.
Subject to tolling, MCL 500.3145(2) bars recovery for the portion of a loss incurred more than one year before the action began. Waiting can therefore put older medical expenses, work loss, replacement services, or other claimed benefits at risk even when an action can still proceed.
When Can a Specific PIP Claim Toll the Deadline?
MCL 500.3145(3) tolls the period under subsection (2) from the date of a specific claim for payment until the insurer formally denies that claim. Tolling does not apply if the claimant fails to pursue the claim with reasonable diligence.
Opening a claim or sending a document is not necessarily a specific claim for payment. Preserve the complete request, proof of receipt, the insurer's response, and later follow-up.
This tolling rule differs from the payment rule in MCL 500.3142. That statute addresses when benefits become overdue after the insurer receives reasonable proof of the fact and amount of loss. Michigan Legal Center separately explains delayed Michigan PIP payments.
What Dates and Documents Should You Preserve?
Keep records showing:
- The crash date.
- The written notice and proof showing who received it, when it was sent, and how it was delivered.
- When medical expenses, work loss, replacement services, attendant care services, or survivor's loss were incurred.
- Each payment request and proof that the insurer received it.
- Every PIP payment and explanation of benefits.
- Every denial, letter, email, and portal message.
MCL 500.3107 describes allowable expenses, work loss, and replacement services. Michigan Legal Center separately explains how to document No-Fault replacement services.
The sequence may help an attorney determine what was submitted, how the insurer responded, and whether the claim was pursued with reasonable diligence.
Is the PIP Deadline Different From the At-Fault-Driver Lawsuit Deadline?
Yes. A first-party PIP claim seeks benefits from a no-fault insurer. A third-party bodily injury claim seeks damages from an at-fault person or another legally responsible party.
MCL 600.5805(2) gives many actions involving injury to a person or property a general three-year limitations period. That period does not preserve a PIP claim. Other deadlines, notice rules, or contractual provisions may also apply.
If PIP benefits are unpaid, reduced, delayed, or denied, contact Michigan Legal Center. Its attorneys can identify the correct insurer, review notice and delivery evidence, map benefit and denial dates, and determine which deadlines may apply.