Worked example: Crash occurs January 1, 2024. You file the PIP application timely. The insurer drags its feet on $50,000 of bills incurred between January and June 2024. If you do not file suit by January 1, 2025 to lock in those bills, every bill more than 1 year old at the date of filing is uncollectible — even if you eventually file before the 3-year deadline.

Special Deadlines That Are Shorter Than 3 Years

Type of Claim	Deadline	Statute
Medical malpractice	2 years from act, or 6 months from discovery (whichever later)	MCL 600.5805(8); 600.5838a
Wrongful death	3 years from death (saving provision adds time in some cases)	MCL 600.5852
Notice of claim against state or political subdivision (highway defect)	120 days	MCL 691.1404
Notice of claim against state under Court of Claims Act	1 year (notice within 6 months for bodily injury / property)	MCL 600.6431
Dram shop (overserved alcohol)	2 years; 120-day notice + named-and-retained-defendant requirements	MCL 436.1801
Defamation (libel/slander)	1 year	MCL 600.5805(11)
Intentional torts (assault/battery)	2 years	MCL 600.5805(4)
Workers’ compensation (Michigan)	2 years to file; 90 days to give notice	MCL 418.381
Federal tort claims (e.g., USPS, federal employees)	2 years administrative claim; 6 months to sue after denial	28 USC §2401(b)

When the Clock Stops or Restarts (Tolling)

• Minors. The statute of limitations is tolled until age 18 for most personal injury claims (MCL 600.5851). After turning 18, the minor has 1 year to file — but is also subject to the 3-year cap from the accident date for some claims.
• Insanity / mental incompetence. Tolled while the disability persists, with caps.
• Wrongful death savings provision. Where the underlying claim’s statute would expire before death is discovered, MCL 600.5852 gives the personal representative additional time (now 2 years from letters of authority, capped at 3 years from when the limitations period would have expired) to file.
• Fraudulent concealment. Where the defendant fraudulently conceals the existence of a claim, MCL 600.5855 extends the deadline for 2 years from discovery.

Government Liability: The Trap Inside the Trap

If your injury involved a government vehicle, a city pothole, a county road defect, a public school bus, or a state employee, ordinary statutes of limitations are not your only worry. Sovereign immunity requires written notice within 60 to 120 days of the injury, with extremely strict content requirements — describing the injury, the location, the names of known witnesses, and the nature of the defect. A late notice or a deficient notice ends the case before any 3-year clock matters.

Rowland v. Washtenaw County Road Commission, 477 Mich 197 (2007), confirmed Michigan courts will dismiss claims for noncompliance with the notice requirement, even when prejudice is non-existent. There is no “substantial compliance” exception.

Out-of-State Crashes Involving Michigan Residents

If you were hurt outside Michigan, the law of the state where the accident happened typically governs the substantive issues, but Michigan’s statute of limitations may still apply via the “borrowing statute” depending on the parties. Crashes in Ohio, Indiana, Illinois, and Ontario all carry different deadlines. Get advice in writing — do not assume the Michigan 3-year rule applies.

What This Means for Your Case

Three rules of thumb for Michigan injury victims:

1. If a government actor is involved, treat it like 60 days. Even if the strict deadline is 120, governmental defendants are aggressive on notice content.
2. Auto crash? Treat it like 1 year for PIP. File the PIP application immediately and treat the 1-year-back rule as a non-negotiable filing trigger.
3. For everything else, do not wait until year 3. Witnesses move, surveillance footage gets overwritten in 30–90 days, and treating providers retire. Cases filed at the 11th hour are weaker on every measure.

Frequently Asked Questions