# Michigan car accident law: deadlines, fault and your claim

> Michigan crash claims: the 3-year deadline, PIP medical choices since 2020, the serious-impairment threshold, the mini-tort, fault rules and crash reports.

Canonical page: https://accidentclaimfacts.com/location/michigan/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

In Michigan you generally have 3 years from the crash to sue the at-fault driver. Michigan is a no-fault state: your own personal injury protection pays medical bills up to the PIP level you chose, whoever caused the crash, and a claim for those benefits has its own 1 year deadline. You can sue for pain and suffering only if the crash caused death, serious impairment of body function, or permanent serious disfigurement.

## Key facts

| Fact | Detail |
|---|---|
| Injury lawsuit deadline | 3 years |
| Vehicle damage deadline | 3 years |
| Wrongful death deadline | 3 years, with extra time for the estate (see below) |
| PIP benefits | Written notice to the insurer, or a lawsuit, within 1 year |
| Fault rule | Modified comparative: above 50%, no pain-and-suffering damages |
| Notice to the State | Within 6 months for injury or property damage |
| Minimum liability insurance | $50,000 per person, $100,000 per crash (lowest choice) |
| Insurance system | No-fault; PIP medical unlimited unless you chose a lower level |
| Traffic deaths in Michigan, 2024 | 1,098 people |
| Bar referral line | (800) 968-0738 |

## Filing deadlines in Michigan

The Revised Judicature Act sets a statute of limitations of 3 years for injury and property damage lawsuits, counted from the crash. Michigan's no-fault law adds a shorter clock for your own insurance benefits.

| Claim | Deadline | Law |
|---|---|---|
| Personal injury (against the at-fault driver) | 3 years | MCL 600.5805(2) |
| Damage to your vehicle or other property | 3 years | MCL 600.5805(2) |
| Wrongful death | 3 years; the estate may get more time | MCL 600.5805(2); MCL 600.5852 |
| PIP benefits from your insurer | Written notice within 1 year of the crash | MCL 500.3145 |
| Claim against the State | Claim or notice within 6 months | MCL 600.6431 |
| Injury from a road defect | Notice within 120 days | MCL 691.1404 |

If the injured person dies, the estate can usually file within 2 years after the estate's personal representative receives letters of authority, but no later than 3 years after the usual deadline ran. An injured child gets extra time, a form of tolling: a child has until 1 year after turning 18 to sue, even if the usual period has run.

PIP has a second trap: even when notice was given on time, the claimant may not recover benefits for any part of a loss incurred more than 1 year before the lawsuit is filed. The clock pauses from a specific claim for payment until the insurer formally denies it.

Government bodies are liable for the negligent driving of a government-owned vehicle by an officer, agent or employee. Claims against the State go through the Court of Claims, and the law requires a claim or written notice of intent filed with the clerk of the Court of Claims within 6 months.

> **Warning:** Insurance talks do not pause the deadline to sue the at-fault driver. If a claim is still open as the three-year mark approaches, a lawsuit may need to be filed to protect it.

## How fault is shared in Michigan

Michigan uses modified comparative fault with a twist. Your damages are reduced by your share of the blame. If your share is more than 50%, you lose non-economic damages such as pain and suffering, but you can still claim economic losses, reduced by your percentage.

> **Example:** A jury finds you 60% at fault and the other driver 40%. You recover nothing for pain and suffering, but if you have wage loss that PIP did not cover, you can still claim 40% of it. At 30% fault, you could claim 70% of both.

Fault matters less for your own PIP benefits, which are paid whoever caused the crash. Compare Michigan with other states in the [fault-rule explainer](https://accidentclaimfacts.com/tools/fault-rule-explainer/?state=mi&fault=60#fault).

## Insurance in Michigan

Michigan's 2019 no-fault reform lets drivers choose a PIP medical level, for policies issued or renewed after July 1, 2020. The choices are:

| PIP medical level | Who can choose it |
|---|---|
| Unlimited | Anyone; it applies by default if no choice is made |
| $500,000 | Anyone |
| $250,000 | Anyone; exclusions are possible with qualifying health coverage |
| $50,000 | A named insured enrolled in Medicaid |
| Opt out | Available when the named insured has Medicare (Parts A and B) |

The lower your PIP level, the sooner a serious injury can exhaust it. The Michigan Department of Insurance and Financial Services explains the options and takes complaints at 1-877-999-6442.

Bodily injury liability is chosen too. The default is $250,000 per person and $500,000 per crash, and the lowest allowed is $50,000 and $100,000. Other coverages are up to you:

| Coverage | Michigan rule |
|---|---|
| Uninsured motorist | Optional |
| Underinsured motorist | Not required |
| Medical payments | Not required |

That matters in a state where the Insurance Information Institute estimates 22.3% of drivers were uninsured in 2023, compared with 15.4% nationally.

## After a crash in Michigan

Michigan law says a driver must report immediately to the nearest police station or officer any crash that injures or kills someone or causes apparent property damage of $1,000 or more.

You can buy a copy through the Michigan State Police Traffic Crash Purchasing System (TCPS), which holds reports from every Michigan law enforcement agency. The State Police say processing can take 3 to 30 days after the crash. Our [police report guide](https://accidentclaimfacts.com/claim-process/police-report/) explains how insurers use it.

## Special rules in Michigan: when you can sue

No-fault limits lawsuits against the driver who caused the crash. Under MCL 500.3135, you can still sue in these situations:

1. **Pain and suffering**, only if the crash caused death, serious impairment of body function, or permanent serious disfigurement. A serious impairment means an objectively manifested impairment of an important body function that affects the person's general ability to lead a normal life.
2. **Economic losses beyond PIP**: medical expenses, lost wages and survivor's loss above what PIP pays. This matters more since 2020, because a driver with a lower PIP level can reach the cap.
3. **Vehicle damage**: the "mini-tort" lets you recover up to $3,000 from the at-fault driver for damage your own insurance does not cover, such as a deductible.

Courts decide case by case whether an injury meets the serious injury threshold. See [pain and suffering](https://accidentclaimfacts.com/money/pain-and-suffering/) for how these damages are valued.

## Crashes on Michigan roads

The Insurance Institute for Highway Safety counted 1,098 crash deaths in Michigan in 2024, or 10.8 per 100,000 people, compared with 11.5 per 100,000 people nationally. Speeding played a part in 25% of the deaths, and 41% happened on rural roads.

## Finding a lawyer in Michigan

The State Bar of Michigan runs a Lawyer Referral Service at (800) 968-0738, with details on its [website](https://lrs.michbar.org/). Its $25 administrative fee is waived for personal injury plaintiffs, and the lawyer you are referred to gives a first consultation of up to 25 minutes free of charge. See our guide to [lawyer referral services](https://accidentclaimfacts.com/choosing-a-lawyer/lawyer-referral-services/) for how these services work.

Before you hire anyone, search the State Bar's [member directory](https://directory.michbar.org/) to confirm the lawyer is licensed in Michigan.

## FAQ

### What is the statute of limitations for a car accident in Michigan?

Generally 3 years from the crash to sue the at-fault driver. Claims for your own PIP benefits need written notice to the insurer, or a lawsuit, within 1 year, and claims against the State need a notice within 6 months.

### Is Michigan a no-fault state?

Yes. Your own PIP coverage pays medical bills, lost wages and other benefits up to the level you chose, whoever caused the crash. You can sue the other driver only in the situations the no-fault law allows.

### What counts as a serious impairment of body function in Michigan?

The law defines it as an objectively manifested impairment of an important body function that affects the person's general ability to lead a normal life. Courts look at the facts of each case, comparing the person's life before and after the crash.

### Can I recover if I was partly at fault in Michigan?

Yes. Your damages are reduced by your share of fault. If your share is more than 50%, you lose pain-and-suffering damages but can still claim reduced economic losses.

### What is the mini-tort in Michigan?

A claim against the at-fault driver for vehicle damage your own insurance did not pay, such as your collision deductible. The most you can recover is $3,000.

### How do I get a crash report in Michigan?

Buy it online through the Michigan State Police Traffic Crash Purchasing System (TCPS). Reports can take 3 to 30 days after the crash to become available.

## Sources

- [Michigan Legislature, MCL 500.3135](https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-500-3135) — tort threshold, excess economic losses and mini-tort
- [Michigan Legislature, MCL 500.3145](https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-500-3145) — PIP deadlines
- [Michigan Legislature, MCL 600.5851](https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-5851) — deadlines for minors
- [Michigan Legislature, MCL 600.6431](https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-6431) — claims against the State
- [Michigan Legislature, MCL 257.622](https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-257-622) — duty to report a crash
- [Michigan Department of Insurance and Financial Services, Choosing PIP Medical Coverage](https://www.michigan.gov/autoinsurance/choosing-coverage/choosing-pip-med-coverage) — PIP medical levels
- [Michigan State Police, Traffic Crash Reporting Unit](https://www.michigan.gov/msp/divisions/cjic/traffic-crash-reporting-unit) — crash report availability
- [Michigan Legislature, MCL 600.5805](https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-5805), checked October 29, 2026
- [Michigan Department of Insurance and Financial Services, Choosing Bodily Injury Coverage](https://www.michigan.gov/autoinsurance/choosing-coverage/choosing-bodily-injury-coverage), checked October 29, 2026
- [State Bar of Michigan, Lawyer Referral Service](https://lrs.michbar.org/LRS-Info/Lawyer-Referral-Service), checked October 29, 2026
- [Michigan Legislature, MCL 691.1404](https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-691-1404), checked October 29, 2026
- [Michigan Legislature, MCL 600.5852](https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-5852), checked October 29, 2026
- [Michigan Legislature, MCL 691.1405](https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-691-1405), checked October 29, 2026
- [Michigan Department of Insurance and Financial Services, Auto Insurance](https://www.michigan.gov/autoinsurance), checked October 29, 2026
- [Insurance Information Institute, Facts + Statistics: Uninsured motorists](https://www.iii.org/fact-statistic/facts-statistics-uninsured-motorists), checked October 29, 2026
- [Michigan State Police, Home page](https://www.michigan.gov/msp), checked October 29, 2026
- [State Bar of Michigan, Home page](https://www.michbar.org/), checked October 29, 2026
- [Michigan Department of Insurance and Financial Services, Home page](https://www.michigan.gov/difs), checked October 28, 2026
- [Michigan Department of Insurance and Financial Services, auto insurance shopping guide (FIS-PUB 0201a)](https://www.michigan.gov/autoinsurance/-/media/Project/Websites/autoinsurance/PDFs/FIS-PUB_0201a.pdf), checked October 28, 2026
- [Michigan Department of Insurance and Financial Services, Auto Insurance Frequently Asked Questions](https://www.michigan.gov/autoinsurance/frequently-asked-questions), checked October 28, 2026
- [IIHS, Fatality Facts 2024: State by state](https://www.iihs.org/research-areas/fatality-statistics/detail/state-by-state), checked June 1, 2026