Michigan filing deadlines
| Claim | Deadline |
|---|---|
| Personal injury lawsuit | 3 years |
| Vehicle and property damage | 3 years |
| Wrongful death | 3 years |
| Notice of a claim against a government | Claims against the State: written claim or notice of intent filed with the Court of Claims clerk within 6 months after the event for personal injury or property damage (MCL 600.6431(4)); defective highway claims against any governmental agency: notice within 120 days (MCL 691.1404) |
Same 3-year period for personal injury, property damage and wrongful death (MCL 600.5805(2); snapshot of MCL complete through PA 114 of 2026).
If you were partly at fault
Michigan follows modified comparative negligence, 51% bar. Your damages are reduced by your percentage of fault, and you recover nothing if you were more at fault than the other side (51% or more). At exactly 50% you still recover half.
- With $100,000 in damages and 30% of the fault, you would recover $70,000.
- With 55% of the fault, you would recover $0, because the rule bars your claim.
Auto accident tort claims (noneconomic damages and excess economic loss under the no-fault act) are barred if the injured party is more than 50% at fault; at 50% or less damages are reduced. General tort rule (MCL 600.2959) is a hybrid: if plaintiff's fault exceeds the others' aggregate fault, economic damages are reduced but noneconomic damages are not awarded. Also, noneconomic damages require death, serious impairment of body function, or permanent serious disfigurement (MCL 500.3135(1)).
Source: MCL 500.3135(2)(b) (motor vehicle tort claims); MCL 600.2959 (general rule). Compare all states in the comparative negligence table.
No-fault state
Your own personal injury protection pays your medical bills and lost wages first, with a required minimum of Medical PIP limit chosen by insured: $50,000 (Medicaid enrollees only), $250,000, $500,000, or unlimited; opt-out allowed for Medicare Parts A and B enrollees (MCL 500.3107d). The threshold to claim pain and suffering from the at-fault driver: Noneconomic damages only for death, serious impairment of body function, or permanent serious disfigurement. 'Mini-tort' up to $3,000 for vehicle damage not covered by insurance (accidents after July 1, 2020).
MCL 500.3107c(1) lists PIP medical levels: $50,000 (if Medicaid etc.), $250,000, $500,000, or 'No limit'. Since 2019 reform, injured persons may also sue for medical costs exceeding PIP limits.
Minimum car insurance in Michigan
$50,000 per person and $100,000 per accident for injuries, $10,000 for property damage. Uninsured motorist coverage is optional or can be rejected in writing.
Many drivers carry only the minimum, so the bodily injury limit is often the most the at-fault driver's insurer will pay one person. Subsection (1): 'after July 1, 2020... not less than $250,000.00 because of bodily injury to or death of 1 person' and $500,000 per accident; (c) 'not less than $10,000.00 because of injury to or destruction of property of others'. Absolute minimum with election is 50/100/10.
Damage caps
Michigan does not cap pain and suffering in ordinary car accident cases. Punitive damages: Michigan generally does not allow punitive damages unless a statute authorizes them (exemplary damages are compensatory).
Dog bite law
Strict liability statute. Applies to bites only (other dog injuries fall under common law negligence/known-propensity rules).
Source: MCL 287.351. Estimate a claim with the dog bite calculator.
Frequently asked questions
How long do I have to file a car accident claim in Michigan?
3 years from the accident for an injury lawsuit and 3 years for vehicle damage (MCL 600.5805(1)-(2); MCL 600.6431; MCL 691.1404). Insurance claims should be reported much sooner, and claims against a government agency can have shorter notice deadlines.
Is Michigan a no-fault state?
Yes. Your own personal injury protection (PIP) pays your medical bills and lost wages first, whoever was at fault. To sue for pain and suffering: Noneconomic damages only for death, serious impairment of body function, or permanent serious disfigurement. 'Mini-tort' up to $3,000 for vehicle damage not covered by insurance (accidents after July 1, 2020).
What happens if I was partly at fault in Michigan?
Michigan follows modified comparative negligence, 51% bar (MCL 500.3135(2)(b) (motor vehicle tort claims); MCL 600.2959 (general rule)). Your damages are reduced by your percentage of fault, and you recover nothing if you were more at fault than the other side (51% or more). At exactly 50% you still recover half.
What is the minimum car insurance in Michigan?
$50,000 per person and $100,000 per accident for injuries, $10,000 for property damage (50/100/10).
Does Michigan cap pain and suffering damages?
Not in ordinary car accident cases.
Sources
Checked against official Michigan sources November 5, 2026.
- Michigan statute of limitations: MCL 600.5805(1)-(2); MCL 600.6431; MCL 691.1404
- Michigan comparative fault: MCL 500.3135(2)(b) (motor vehicle tort claims); MCL 600.2959 (general rule)
- Michigan insurance system: MCL 500.3135(1), (3)(e); MCL 500.3107c(1)
- Michigan minimum liability insurance: MCL 500.3009(1), (5)
- Michigan dog bite liability: MCL 287.351