Injury · Michigan
the short answer
You have three years from the day of the crash to file, and no amount of talking to an insurer extends it. Being partly to blame reduces what you collect, and being more than half to blame ends the claim. Your own insurer pays the medical bills first, and there is a threshold to clear before you can sue the other driver for pain and suffering at all.
source ↗Not yet checked against the statute.
governing statute
Mich. Comp. Laws § 600.5805(2)
source ↗Not yet checked against the statute.
who pays first
Michigan is a no-fault state. Your own policy pays the medical bills whoever caused the crash, and you may sue the other driver for pain and suffering only if the injury is death, a serious impairment of body function, or permanent serious disfigurement. Under that line the claim against them is barred however plainly they were at fault. (Mich. Comp. Laws § 500.3135)
source ↗Not yet checked against the statute.
Across the country. 9 of the 51 states written up answer this the same way as Michigan. Compare every state →
your share of the fault
You recover unless your share of the fault is greater than everyone else's put together. Fifty percent still recovers, fifty-one recovers nothing, and below the bar the award is cut by your percentage. (Mich. Comp. Laws § 600.2959)
source ↗Not yet checked against the statute.
Across the country. 24 of the 51 states written up answer this the same way as Michigan. Compare every state →
limit
3 years
source ↗Not yet checked against the statute.
Across the country. 18 of the 51 states written up answer this the same way as Michigan. The shortest is 1 year, as in Tennessee; the longest is 6 years, as in Maine. Compare every state →
small claims limit
$7,000
source ↗Not yet checked against the statute.
also
"Serious impairment of body function" is defined in the statute itself — an objectively manifested impairment of an important body function that affects your general ability to lead your normal life — and whether an injury meets it is a question for the judge before it is ever one for a jury.
source ↗Not yet checked against the statute.
your situation
Everything above is the law as it reaches everyone in Michigan. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.
This is legal information, not legal advice. Written by an AI model, which can be wrong. Not a lawyer, and not a prediction about your case. Terms · Privacy
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