How Long Do You Have to File a Michigan No-Fault Claim?
How Long Do You Have to File a Michigan No-Fault Claim?
Michigan law generally requires a personal protection insurance (PIP) benefits lawsuit to be filed within one year after a crash unless the proper insurer received qualifying written notice within that year or previously paid PIP benefits for the injury. Even then, waiting can put older benefits at risk.
What Must Happen During the First Year?
A lawsuit to recover PIP benefits generally must be filed within one year after the crash under MCL 500.3145(1). If the insurer received qualifying written notice within that year or previously paid PIP benefits for the injury, the time to sue may extend to one year after the most recent allowable expense, work loss, or survivor's loss was incurred.
The written notice may be given by the person claiming benefits or by someone acting on that person's behalf. It must include 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, claim number, or open insurance file satisfies the written-notice rule. Keep the notice, proof showing when and where it was delivered, the insurer's response, and records of any PIP payment.
Opening an insurance claim does not by itself extend the time to sue or preserve every PIP benefit.
Determining which insurer should receive the notice is a separate issue. Michigan Legal Center's PIP priority guide explains how to identify the proper insurer. The Michigan No-Fault statutes guide provides broader legal context.
Why Can Waiting Put Older PIP Benefits at Risk?
Meeting the first-year rule does not mean every old bill can still be paid.
If the insurer received qualifying written notice or previously paid PIP benefits, MCL 500.3145(2) generally allows a lawsuit within one year after the most recent allowable expense, work loss, or survivor's loss was incurred. Unless tolling applies, the law can still bar recovery for any portion of a loss incurred more than one year before the lawsuit began.
Do not assume the deadline is based on the last medical visit or the date a provider sent a bill. The dates of notice, prior payments, losses, payment requests, denials, and follow-up may all matter.
Can a Payment Request Pause the Deadline?
Possibly, if the request is a specific claim for payment and the claim is pursued with reasonable diligence.
Under MCL 500.3145(3), the applicable time periods are tolled from the date of a specific claim for payment until the insurer formally denies that claim. Tolling does not apply if the person seeking benefits fails to pursue the claim with reasonable diligence.
An insurance claim number or open file does not by itself mean tolling has started. Save the exact payment request, supporting documents, proof that the insurer received them, later follow-up, and any formal denial.
PIP benefits becoming overdue under MCL 500.3142 is a separate issue. That statute addresses payment timing after the insurer receives reasonable proof of the fact and amount of loss. Michigan Legal Center separately explains delayed Michigan PIP payments.
What Should You Save for a Deadline Review?
Gather and preserve dated records showing what happened and when:
- The crash date.
- The written notice and proof of delivery.
- Dates for medical expenses, work loss, replacement services, attendant care, or survivor's loss.
- Bills and other specific payment requests, plus proof that the insurer received them.
- Every PIP payment and explanation of benefits.
- Every written denial, letter, email, portal message, and related follow-up.
A PIP claim against a No-Fault insurer is separate from a bodily injury claim against an at-fault driver or another legally responsible party. A deadline that applies to one does not necessarily preserve the other.
What Should You Do If PIP Benefits Are Unpaid, Reduced, Delayed, or Denied?
If PIP benefits are unpaid, reduced, delayed, or denied, contact Michigan Legal Center.
Michigan Legal Center attorneys can identify the proper insurer and review notice and delivery. They can also map the dates of losses, requests, payments, and denials to determine whether a lawsuit or older benefits may be at risk. Contact Michigan Legal Center to discuss the specific facts.