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No-Fault Law Explained: Statute of Limitations

The Michigan No-Fault statute of limitations is one of the most important sections of the law. It sets the limit on how long you can wait before pursuing your no-fault benefits from your auto insurance industry.

READ THE STATUTE: 500.3145 Statute of Limitations

Any First Party lawsuit to collect no-fault benefits has to be filed no later than one year after the date of the accident. The only way to extend that one year statute of limitations is to send written notice to your insurance company within that one year.

If your auto insurance company initially pays your medical expenses or other benefits, but then cuts off payment, as long as you have been providing timely notice, you have one year to get to an attorney and file a lawsuit.

The Michigan No-Fault statute of limitations is so important because if you wait too long, you could lose your right to any no fault benefits at all. If you don’t file your lawsuit in time, the auto insurance company will have an “affirmative defense” against your claims.

That means even if you were seriously injured in a way that could only have been caused by an auto accident and all of your medical expenses are appropriate and reasonable – the strongest of no-fault cases – your auto insurance company won’t have to pay for any of it. A statute of limitations defense will cause your case to be dismissed. That means your claims are denied and you won’t get paid.

The No-Fault statute of limitations is also important for medical providers. If doctors or hospitals delay in filing their billing with the proper auto insurance company, it could mean they won’t be paid for their services. Medical providers are limited by the “one year back rule” which cuts off payments for services provided more than one year before the claim is filed. Changes in Michigan law have changed the way these claims need to be filed, so medical providers are encouraged to consult with an experienced, up-to-date no-fault attorney before filing their claim for medical expenses.

The one year Michigan no-fault act’s statute of limitations makes it is essential for auto accident victims to talk to an expert auto accident attorney as soon as possible after the accident. General practitioners and other lawyers who don’t focus exclusively on Michigan no-fault law could miss important deadlines and keep you from receiving the benefits you deserve.

David Christensen and the team at Christensen Law have been bringing no fault benefit claims against the auto insurance companies for over 20 years. They focus on making sure every client’s needs are met and they receive their benefits in a timely way.