Michigan No-Fault Deadlines: The One-Year-Back Rule Explained

By the FigureMyTax Editorial Team · How we calculate

In Michigan, an action for PIP benefits must be filed within one year after the accident unless you gave written notice of injury to the insurer within that year or the insurer paid benefits. Even then, you cannot recover benefits for any loss incurred more than one year before you file.

The one-year rule

MCL 500.3145(1) says an action for PIP benefits may not be commenced later than one year after the accident unless written notice of injury has been given to the insurer within one year or the insurer has previously made a payment for the injury.

The one-year-back rule

Under subsection (2), if notice was given or a payment was made, the action may be commenced at any time within one year after the most recent allowable expense, work loss or survivor's loss was incurred. However, you may not recover benefits for any portion of the loss incurred more than one year before the date the action was commenced.

Tolling

Under subsection (3), the limitation period is tolled from the date of a specific claim for payment until the insurer formally denies the claim, unless you fail to pursue the claim with reasonable diligence.

The notice

Subsection (4) says the notice may be given to the insurer or its authorized agents by you or someone for you, and must give your name and address and state in ordinary language the name of the injured person and the time, place and nature of the injury.

The lawsuit

A tort action for injury to a person must be commenced within three years after the injury (MCL 600.5805(2)). See Michigan statute of limitations.

Using the calculator

See what is paid in the Michigan no-fault calculator and read Michigan PIP benefits. For liens on a settlement, see Michigan medical liens.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Michigan's rules apply to your specific case with a licensed Michigan attorney.