Hit by a Government Vehicle in Michigan? Your Rights
A city bus, a county dump truck, a police cruiser, a road-commission pickup, a public-school van. When one of these hits you, the first thing many people hear is that you cannot sue the government. That is mostly a myth, and believing it can cost you your case. You can recover after a crash with a government vehicle in Michigan, but the rules are different and the deadlines can be brutally short. Some claims have to be put in writing within 60 days, far sooner than the usual three years. This guide explains when the government can be held responsible, the special notice deadlines that catch people off guard, the fact that your no-fault medical benefits are still owed, and the concrete steps to protect a claim before a clock runs out.
Yes, the Government Can Be Held Responsible
Michigan gives government agencies broad immunity from lawsuits under MCL 691.1407, which is the general rule people are thinking of when they say you cannot sue the government. But that rule has written exceptions, and one of them is built for exactly this situation. Under MCL 691.1405, a governmental agency is liable for bodily injury and property damage that result from the negligent operation, by an officer, agent, or employee of the agency, of a motor vehicle the agency owns. In plain language, if a government employee was driving a government vehicle carelessly while doing their job and hurt you, the agency can be made to pay.
This is called the motor vehicle exception. It covers the kinds of crashes people actually have with public vehicles: a transit bus that rear-ends you, a city truck that runs a light, a police car that hits you outside of an emergency response, a public works vehicle that sideswipes you. Because Michigan courts read these exceptions narrowly, the details matter, including whether the vehicle qualifies as a motor vehicle and whether the employee was negligent in operating it. Those are exactly the points an insurer or government lawyer will contest, which is why early investigation counts.
The Deadlines That Catch People Off Guard
The single biggest mistake after a government-vehicle crash is assuming you have the usual three years to deal with it. For the lawsuit itself, the three-year deadline under MCL 600.5805 generally does apply. But several government claims carry a much shorter notice deadline that comes first, and missing it can end the claim no matter how badly you were hurt. You can lose the case by blowing a 60-day, 120-day, or 6-month notice even if you would still be inside the three-year window to file suit, so this is not a wait-and-see situation. The deadline depends on who owns the vehicle.
Transit buses: as little as 60 days
If you were hurt in a crash involving a regional transit authority, such as DDOT in Detroit, SMART in the suburbs, or CATA in the Lansing area, you generally must serve written notice of your claim on the authority within 60 days of the crash under MCL 124.419. That is one of the shortest deadlines in Michigan injury law, and people routinely miss it because they are still in treatment and have no idea the clock is running. The notice has to be in writing and properly delivered to the authority. Miss it, and the authority can defeat the injury claim on that ground alone.
State vehicles: notice in the Court of Claims
If the vehicle belongs to the State of Michigan or a state agency, such as a Michigan State Police cruiser or a state-owned truck, the claim goes through the Court of Claims, and MCL 600.6431 requires a written claim or written notice of intent to be filed with the court. For personal injury and property damage, that notice generally must be filed within 6 months of the crash. The notice has to describe when and where the crash happened and the nature of the claim, and it must be verified.
Cities, counties, and local agencies
For most local government vehicles outside the transit-authority and highway-defect contexts, there is no special short notice statute for the motor vehicle exception, so the ordinary three-year deadline generally governs the lawsuit. Do not rely on that breathing room, though. It is not always obvious which agency owns a vehicle or whether a transit authority or the state is involved, and guessing wrong about the deadline is how good claims die. One important caution: the 120-day notice rule you may have read about applies to claims about defective roads under MCL 691.1404, which is a different exception. We cover that in our guide to the 120-day notice for highway defects.
| Who owned the vehicle | Notice deadline to protect the claim |
|---|---|
| Regional transit bus (DDOT, SMART, CATA) | Written notice to the authority within 60 days (MCL 124.419) |
| State of Michigan vehicle (e.g., state police, MDOT) | Written claim or notice in the Court of Claims within 6 months (MCL 600.6431) |
| City, county, or local agency vehicle | Generally the 3-year lawsuit deadline (MCL 600.5805); act early to confirm |
| Defective road or highway (not a vehicle crash) | 120-day notice to the agency (MCL 691.1404), a separate exception |
Your No-Fault Benefits Are Still Owed
Here is the good news that often gets lost. The short government notice deadlines apply to the injury lawsuit, not to your no-fault medical benefits. Even after a crash with a public bus or government vehicle, you are entitled to Personal Injury Protection benefits, which pay for your medical care, a share of lost wages, and replacement services, regardless of fault, under MCL 500.3107. The Michigan Supreme Court made this distinction clear in Atkins v Suburban Mobility Authority for Regional Transportation, 492 Mich 707 (2012), holding that the 60-day bus notice statute does not apply to claims for no-fault benefits.
What you do need to watch is the one-year deadline to apply for those no-fault benefits, which runs separately. Figuring out which insurer pays after a bus crash can be its own puzzle, because the order of priority may point to the transit authority’s coverage, your own policy, or the Michigan Assigned Claims Plan. We explain that order in our guide to the Assigned Claims Plan and PIP priority. The practical takeaway is that you should be getting medical care paid for while the injury claim is sorted out, and you should not let the bus-notice deadline distract you from also filing for benefits.
The Injury Threshold Still Applies
Recovering money for pain and suffering from a government agency follows the same threshold as any other Michigan auto case. Under MCL 500.3135, you can recover noneconomic damages only if the crash caused death, permanent serious disfigurement, or a serious impairment of body function. The meaning of serious impairment comes from ਮੈਕਕੋਰਮਿਕ ਬਨਾਮ ਕੈਰੀਅਰ, 487 Mich 180 (2010), which asks whether there is an objectively manifested impairment of an important body function that affects your general ability to lead your normal life. We explain that standard in our guide to the serious impairment threshold. Bringing a government defendant into the case does not lower that bar, and it does not raise it either. It simply adds the notice and procedure rules described above.
What to Do After a Crash With a Government Vehicle
Move quickly and protect the record. Get the police report and write down the agency name, the vehicle number, and any markings, because identifying the correct government owner drives the entire deadline analysis. Get medical care and tell the provider the injury came from the crash. Keep copies of everything. Do not give a recorded statement to the agency’s claims office or insurer before you understand your rights, and do not assume a friendly early offer reflects what the claim is worth. Most important, do not wait. With a possible 60-day window in play, the difference between calling in week one and calling in month three can be the difference between a claim and no claim at all.
ਅਕਸਰ ਪੁੱਛੇ ਜਾਂਦੇ ਸਵਾਲ
Can I really sue the government after a crash with a city bus?
Yes. The general immunity in MCL 691.1407 has an exception. Under MCL 691.1405, a government agency is liable when its employee negligently operates an agency-owned motor vehicle and injures you. The catch is the short notice deadline, which for a transit bus can be just 60 days under MCL 124.419.
How long do I have to file a claim?
It depends on who owned the vehicle. A regional transit bus claim generally requires written notice within 60 days (MCL 124.419). A state-vehicle claim generally requires notice in the Court of Claims within 6 months (MCL 600.6431). The lawsuit itself generally must be filed within three years (MCL 600.5805). Because the short deadlines come first, call early.
Does the 60-day notice apply to my medical benefits too?
ਨਹੀਂ। ਵਿੱਚ Atkins v SMART, 492 Mich 707 (2012), the Michigan Supreme Court held that the 60-day bus notice statute does not apply to no-fault benefits. You can still claim PIP benefits for your care and wage loss under MCL 500.3107, though you generally must apply within one year.
What if a police car hit me?
If the officer was negligently operating the vehicle and was not responding to an emergency in a way the law protects, the motor vehicle exception in MCL 691.1405 can apply. Emergency-response situations involve added defenses, so these cases turn on the specific facts and should be reviewed promptly.
Is the 120-day notice the deadline for my bus crash?
No. The 120-day notice under MCL 691.1404 is for claims about defective roads and highways, which is a different exception to immunity. A vehicle crash with a public bus or government vehicle is governed by the motor vehicle exception and its own notice rules. Confusing the two can cost you the case.
What does it cost to talk to a lawyer about this?
Nothing for the initial review. These cases are handled on a contingency basis, meaning no fee unless we recover for you. Given how short the government deadlines can be, an early free review is the safest move.
Hit by a bus or government vehicle? The clock may already be running.
Attorney Manny Chahal protects your notice deadlines, claims your no-fault benefits, and pursues the agency for full compensation. Free statewide review. No fee unless we recover.
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