Before filing: the deadlines
MCL 500.3145 sets two limits:
- One year from the crash to sue, unless the insurer received written notice of the injury, or paid PIP, within that year.
- The one-year-back rule. Once notice is given, you can sue for any loss, but you cannot recover a loss incurred more than one year before you file.
The one-year-back period is tolled from the date of a specific claim for payment until the insurer formally denies it. The clock then resumes; it does not restart. Tolling does not apply if you fail to pursue the claim with reasonable diligence. Our deadline calculator applies these rules to your dates.
Which court
Claims up to $25,000 belong in district court. Larger claims go to circuit court. In our area that usually means the Oakland, Wayne or Macomb County Circuit Court, or a local district court such as the 48th District Court in Bloomfield Hills. See the areas we serve. Ongoing claims for future benefits, such as attendant care, often grow beyond $25,000 during the case.
The stages
- Complaint and answer. We file a complaint naming the insurer and the benefits owed. The insurer answers, usually within 21 days of service, and lists its defenses.
- Discovery. Both sides exchange records and written questions. The insurer subpoenas your medical, employment and prior claims records. You and your doctors may be deposed.
- Insurer medical exams. The insurer may require one or more exams with doctors who must meet the specialty requirements of MCL 500.3151. See insurer medical exams.
- Facilitation. Most courts order mediation with a neutral facilitator. Many cases settle here. Since January 1, 2022, case evaluation is optional under Michigan court rules and rejecting an award no longer carries sanctions.
- Motions. Either side can ask the court to decide issues without trial, such as which insurer is responsible or whether a deadline bars part of the claim.
- Trial. A jury decides whether the expenses were reasonably necessary, related to the crash, and reasonable in amount.
What you can recover
| Item | Rule |
|---|---|
| Unpaid benefits | Medical bills, attendant care, wage loss, replacement services, mileage and other PIP benefits owed |
| Penalty interest | 12% simple interest a year on benefits overdue more than 30 days after reasonable proof (MCL 500.3142) |
| Attorney fees | A reasonable fee paid by the insurer, if the court finds it unreasonably refused or delayed payment (MCL 500.3148(1)) |
| Costs | Filing and similar costs, as allowed by court rule |
A no-fault case does not include pain and suffering. That claim is against the at-fault driver, usually in a separate case. See car accidents. For attendant care and nursing, MCL 500.3148(4) limits fees on payments ordered more than three years after the judgment.
Risks to understand
- Fraud defenses. If the insurer proves a claim was partly fraudulent or so excessive it had no reasonable basis, the court can order you to pay the insurer’s attorney fees (MCL 500.3148(2)). Accurate records protect you.
- Rescission. Lawsuits sometimes prompt the insurer to review the application. See fraud claims and policy rescission.
- Surveillance. Expect it. See social media and your claim.
Providers can sue too
Since 2019, MCL 500.3112 allows a medical provider to sue the insurer directly for its own bills. Your case and your providers’ cases may be combined, so it matters early on which bills you are pursuing and which your providers are. See direct claims and assignments.
A denial letter starts the clock again. Once the insurer formally denies a specific claim, the tolled time resumes. A lawyer should review a denial promptly, and well before the oldest unpaid bill is a year old.
Sources: MCL 500.3112; MCL 500.3142; MCL 500.3145; MCL 500.3148; MCL 500.3151; MCL 600.8301; MCR 2.403 and 2.411 (as amended effective January 1, 2022).
Questions people ask us
How long do I have to file a no-fault lawsuit in Michigan?
You must sue within one year after the crash unless the insurer received written notice of your injury, or paid benefits, within that year. After that, you generally cannot recover any loss incurred more than one year before you file. The period is tolled from a specific claim until the insurer formally denies it, if you pursue the claim with reasonable diligence.
Who pays my lawyer in a no-fault case?
If the court finds the insurer unreasonably refused or delayed payment, MCL 500.3148 lets it order the insurer to pay a reasonable attorney fee on top of your benefits. Otherwise fees are usually paid from the recovery under a contingency agreement.
Do I get interest on late PIP benefits?
Yes. Benefits not paid within 30 days after the insurer receives reasonable proof of the loss and its amount are overdue and carry simple interest at 12% a year under MCL 500.3142. Interest is owed whether or not the insurer acted unreasonably.