Statute of Limitations
Michigan imposes a 3-year statute of limitations for personal injury claims arising from motor vehicle accidents (MCL § 600.5805). As a comprehensive no-fault state, Michigan's PIP coverage was historically unlimited, but 2019 reforms (PA 21 of 2019) now allow drivers to select from tiered PIP options ($50K, $250K, $500K, unlimited, or opt-out for those with qualifying health insurance). Minimum liability is 50/100/10. To sue outside the no-fault system, the plaintiff must demonstrate a "serious impairment of body function" — an objective standard evaluated under case law. Modified comparative negligence with a 51% bar applies.
3 years from accident date
Where to File in Michigan
Michigan operates the most extensive no-fault auto insurance system in the United States. Under PA 21 of 2019, drivers choose a PIP medical benefit level (unlimited, $500k, $250k, $50k for Medicaid enrollees, or opt-out for Medicare enrollees). A tort claim for pain and suffering against the at-fault driver requires proof of a "serious impairment of body function" or permanent serious disfigurement.
The statute of limitations for MVA personal injury claims in Michigan is three years from the date of the accident (MCL 600.5805(2)). First-party PIP benefits must be claimed within one year of the expense being incurred. No-fault lawsuits against insurers for unpaid PIP benefits carry a one-year back rule — recovery is limited to expenses incurred within one year before filing.
Venue for third-party tort claims lies in the county where the accident occurred or where the defendant resides (MCR 2.221). Wayne County (Detroit) Circuit Court handles the highest volume of MVA litigation. Michigan is one of few states without a comparative fault bar — plaintiffs can recover regardless of their degree of fault, though damages are reduced proportionally.
Michigan minimum liability limits are 50/100/10. UM coverage is mandatory for policies with bodily injury liability. Residual liability (mini-tort) claims allow at-fault drivers to be sued for up to $3,000 in vehicle damage not covered by collision insurance. Michigan's complex no-fault system requires working with counsel experienced in both first-party PIP and third-party tort litigation simultaneously.
Exposure in Michigan
Source: Michigan State Police Criminal Justice Information Center
Source: Michigan Association for Justice
Source: Michigan Office of Highway Safety Planning