The phrase “three-year statute of limitations” is common in Michigan accident discussions, but it can be dangerous to treat it as the only deadline in a vehicle case.
What is the general Michigan injury limitations period?
MCL 600.5805 provides that, except as otherwise stated in the statute, the limitations period is three years after the death or injury for actions to recover damages for death or injury to a person or property.
Why waiting three years can still be a mistake
A crash can involve deadlines that are not the same as the general tort limitations period. No-fault benefit claims, uninsured or underinsured motorist coverage, governmental defendants, estate matters, and contractual policy provisions can raise different notice or filing requirements.
Evidence also has a practical deadline
Even when a lawsuit deadline is years away, evidence can disappear much sooner. Video may be overwritten, vehicles repaired or destroyed, commercial electronic data lost, and witnesses harder to locate.
When should a Michigan accident file be calendared?
From the beginning, identify every potentially applicable deadline and calendar the earliest one. Do not assume the date shown in a generic online article applies to a specific claim.
What information helps determine the deadline?
- Date and location of the crash.
- Identity of every potential defendant, including any government entity.
- All insurance policies and claim numbers.
- Date benefits were incurred or denied.
- Whether the crash caused death and whether an estate is involved.
Primary source: Michigan Legislature — MCL 600.5805.