Michigan · Car accident claims: what to do next

Car accident claims: what to do next in Michigan

In Michigan, your own car policy pays for your care first. To claim pain and suffering from the other driver, you need a serious injury.

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Filing deadline3 years for most injury claimsMich. Comp. Laws § 600.5805(2)
Fault ruleOver 50% at fault limits what you getMichigan Compiled Laws 500.3135: Limits on suits for pain and suffering
Insurance systemNo-fault (PIP)Michigan DIFS: Auto insurance FAQ

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

The short answer

Does my own insurance pay first after a crash in Michigan?
Yes. Michigan requires no-fault insurance. Your own policy pays needed medical bills up to the level you chose, plus lost wages and help at home, no matter who caused the crash. [2]
Can I file a claim against the other driver in Michigan?
Yes, in some cases. For pain and suffering, the crash must cause a death, a serious problem with an important body function, or serious scars that will not go away. You can also claim medical and wage costs above your own coverage limit. [1]
What is different about Michigan's fault rule?
If you are more than 50 percent at fault, you cannot get money for pain and suffering. Other money you can claim is cut by your share of the fault. If you were driving your own car without the required insurance, you also cannot claim pain and suffering. [1]
Is there a deadline to sue after a crash in Michigan?
Yes. Most injury lawsuits must be filed within 3 years. Claims for no-fault benefits from your own insurer follow a much shorter 1-year rule. Exceptions can apply, and a lawyer can tell you which deadline fits your crash. [5]

01 · Your filing deadline

What is the deadline in Michigan?

Michigan usually allows 3 years to file an injury lawsuit after a crash. Exceptions can apply. The 3 years run from the injury or death. A lawyer can confirm yours.

3 years for most injury claims

Claims for no-fault benefits from your own insurer have a 1-year rule.

Source: Mich. Comp. Laws § 600.5805(2) · as of Oct 5, 2026

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

Woman on the phone on her sofa, smiling
A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

Who pays first: PIP

Michigan law requires no-fault insurance on every car that must be registered here. Your own insurer pays personal protection insurance, or PIP, no matter who caused the crash. The state insurance office says every policy must have PIP as one of three basic coverages.

Since July 1, 2020, drivers choose a PIP medical level. The choices include no limit, $500,000 or $250,000 per person. People on Medicaid can choose $50,000, and people with Medicare Parts A and B can opt out, if their household members have other coverage. If you did not choose, the policy has no limit by default. Michigan is the only state where unlimited PIP medical coverage is still a choice.

Source: Michigan Compiled Laws 500.3107c: PIP medical coverage levels · as of Oct 5, 2026

Source: Michigan Compiled Laws 500.3107c: PIP medical coverage levels · as of Oct 5, 2026

PIP also pays lost income for up to 3 years after the crash, cut by 15 percent and up to a monthly limit. It pays up to $20 a day for help with everyday tasks you cannot do.

Source: Michigan Compiled Laws 500.3107: PIP expenses and work loss · as of Oct 5, 2026

A PIP claim, including medical bills, is late if it is not paid within 30 days after the insurer gets proof of the loss. Then the insurer owes 12 percent simple interest on the late amount.

Claiming against the other driver

You can sue the driver at fault for pain and suffering only after a death, permanent serious scars, or a serious impairment of body function. That last term means a problem with an important body function that others can see or detect. It must affect your general ability to live your normal life. There is no set time it must last.

You can also claim medical bills, lost wages and survivor losses above your own PIP limit. For crashes after July 1, 2020, you can claim up to $3,000 for damage to your car that insurance does not cover. This is often called a mini-tort claim, and it is brought in small claims court.

Source: Michigan Compiled Laws 500.3135: Limits on suits for pain and suffering · as of Oct 5, 2026

How fault is shared

Michigan uses comparative fault. In a car crash claim, you get no pain and suffering money if you are more than 50 percent at fault. Money for your other losses is cut by your share of the fault. If you drove your own car without the required no-fault insurance, you cannot claim pain and suffering.

Coverage drivers must carry

For policies issued or renewed after July 1, 2020, the standard injury coverage is $250,000 per person and $500,000 per crash. You can sign a form to choose lower limits, but not below $50,000 per person and $100,000 per crash. Property damage coverage of $10,000 applies to crashes in another state.

Source: Michigan Compiled Laws 500.3009: Liability policy limits · as of Oct 5, 2026

Source: Michigan Compiled Laws 500.3009: Liability policy limits · as of Oct 5, 2026

Source: Michigan DIFS: Choosing bodily injury coverage · as of Oct 5, 2026

Michigan policies also include property protection insurance. It pays up to $1 million for damage your car does in Michigan to things like buildings and fences. It also pays for damage your car does to a car that is parked the right way. It does not pay for other damage to cars.

Source: Michigan DIFS: Auto insurance FAQ · as of Oct 5, 2026

Reporting the crash

After a crash, drivers must stop and share their name, address and plate number. They must also help anyone who is hurt get medical care. If anyone is hurt or killed, or if property damage looks like $1,000 or more, the driver must report the crash right away to the nearest police station or officer. The police send each report to the Michigan State Police.

Source: Michigan Compiled Laws 257.622: Reporting crashes to police · as of Oct 5, 2026

Police fill out the state crash report, called the UD-10. To file one, contact a local police agency or a Michigan State Police post. Report a crash right away, because a late report is up to the police to accept. A copy of the report costs $15.

Source: Michigan State Police: Traffic crash reporting FAQ · as of Oct 5, 2026

Deadlines

Most Michigan injury lawsuits must be filed within 3 years of the injury. A claim for a death also has 3 years, and the person handling the estate may get extra time.

A lawsuit for PIP benefits from your own insurer has a 1-year rule. It must start within 1 year of the crash, unless you sent the insurer written notice of the injury within that year or it already paid benefits. In that case, you can sue within 1 year after your most recent cost. You can only get back costs from the year before you sue.

Michigan has a 3-year limit for injury lawsuits and a much shorter 1-year rule for PIP claims, and exceptions can apply. People's Justice is not a law firm. We do not review your crash or recommend a lawyer. If you want, you can use the form on this page to ask to be connected with a law firm that pays us to advertise.

Michigan

What is different about Michigan?

If you are more than 50 percent at fault, you cannot get money for pain and suffering. Other money is cut by your share.

Source: Michigan Compiled Laws 500.3135: Limits on suits for pain and suffering · as of Oct 5, 2026

Insurance system

No-fault (PIP)

Your own policy pays your medical bills up to the level you chose, plus lost wages and help at home.

Source: Michigan DIFS: Auto insurance FAQ · as of Oct 5, 2026

Default injury coverage

$250,000 per person, $500,000 per crash

You can sign a form to pick lower limits, but not below $50,000 per person and $100,000 per crash.

Source: Michigan DIFS: Choosing bodily injury coverage · as of Oct 5, 2026

Michigan

Local offices and resources in Michigan

How this works nationally

For the overall process and updates, read the Car accident claims: what to do next overview. This page covers the local information available for Michigan.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

Live in Michigan? Read what applies in your state.

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Sources

  1. Michigan Compiled Laws 500.3135: Limits on suits for pain and sufferingOct 5, 2026
  2. Michigan DIFS: Auto insurance FAQOct 5, 2026
  3. Michigan DIFS: Choosing bodily injury coverageOct 5, 2026
  4. Michigan Compiled Laws 257.622: Reporting crashes to policeOct 5, 2026
  5. Mich. Comp. Laws § 600.5805(2)Oct 5, 2026
  6. Mich. Comp. Laws § 600.5805(2)Oct 5, 2026
  7. Michigan Compiled Laws 500.3105: PIP paid without regard to faultMichigan Compiled Laws 500.3105: PIP paid without regard to fault
  8. Michigan Compiled Laws 600.2959: Comparative faultMichigan Compiled Laws 600.2959: Comparative fault
  9. Michigan Compiled Laws 500.3145: Time limits for PIP claimsMichigan Compiled Laws 500.3145: Time limits for PIP claims
  10. Michigan State Police: Traffic crash reporting FAQMichigan State Police: Traffic crash reporting FAQ
  11. Michigan Compiled Laws 500.3009: Liability policy limitsMichigan Compiled Laws 500.3009: Liability policy limits
  12. Michigan Compiled Laws 500.3101: Required no-fault securityMichigan Compiled Laws 500.3101: Required no-fault security
  13. Michigan Compiled Laws 500.3107c: PIP medical coverage levelsMichigan Compiled Laws 500.3107c: PIP medical coverage levels
  14. Michigan DIFS: Choosing PIP medical coverageMichigan DIFS: Choosing PIP medical coverage
  15. Michigan DIFS: Law changesMichigan DIFS: Law changes
  16. Michigan Compiled Laws 500.3107: PIP expenses and work lossMichigan Compiled Laws 500.3107: PIP expenses and work loss
  17. Michigan DIFS: Consumer rightsMichigan DIFS: Consumer rights
  18. Michigan DIFS: Additional law changesMichigan DIFS: Additional law changes
  19. Michigan Compiled Laws 257.617: Duty to stopMichigan Compiled Laws 257.617: Duty to stop
  20. Michigan Compiled Laws 257.619: Duties of drivers after a crashMichigan Compiled Laws 257.619: Duties of drivers after a crash
  21. Michigan Compiled Laws 600.5852: Death before the time limit runsMichigan Compiled Laws 600.5852: Death before the time limit runs

What the public record says

These are cited sources. Their inclusion does not imply that they endorse People’s Justice or reviewed this page.

Michigan Department of Insurance and Financial Services · Publisher of the state auto insurance FAQ

Finding: Michigan law requires no-fault auto insurance with three basic coverages. Your own insurer pays your needed medical costs up to the limit you chose, as well as wage loss and replacement services.

Michigan DIFS: Auto insurance FAQ (opens in a new tab) · Oct 5, 2026 · Checked Oct 5, 2026

Checked against 7 primary sources by People's Justice editors · Updated

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