Michigan car accident law: deadlines, fault and insurance

What the cited provisions say

Section 600.5805(1) requires commencement within the prescribed period after the claim first accrues to the plaintiff or someone through whom the plaintiff claims; section 600.5805(2) generally specifies 3 years after death or injury, except as otherwise provided in that section. In an action based on tort or another legal theory seeking damages for personal injury, property damage or wrongful death, section 600.2957(1) directs the trier of fact, subject to section 6304, to allocate liability in direct proportion to each person's fault, considering each person regardless of whether that person is or could have been a party.^{[1][2][3][4][5][6][7][8]}

Section 600.2959 requires comparative-fault reductions in personal injury, property damage and wrongful death actions, referencing sections 6306 or 6306a as applicable. Under section 600.2959, when the injured or deceased person's fault exceeds the aggregate fault of others, including nonparties, economic damages are reduced proportionally and noneconomic damages are unavailable. Section 500.3135(1) retains motor vehicle tort liability for noneconomic loss only where the injured person suffered death, serious impairment of body function or permanent serious disfigurement.^{[1][2][3][4][5][6][7][8]}

Who and what the provisions cover

Section 500.3135(5) requires serious impairment of body function to be objectively observable or perceivable by someone other than the injured person, involve a function important to that person, and influence some capacity to live normally. Section 500.3135(5)(c) requires an individualized comparison of life before and after the incident and imposes no minimum duration, although timing may matter.^{[1][2][3][4][5][6][7][8]}

For actions under section 500.3135(1) or (3)(d), section 500.3135(2)(a) makes serious impairment of body function and permanent serious disfigurement questions of law for the court when it finds no factual dispute about the nature and extent of injuries or finds that any dispute is immaterial to that determination, subject to the subsection's closed-head-injury testimony exception. For an action under section 500.3135(1) or (3)(d), section 500.3135(2)(a) creates a jury question for a closed-head injury if a licensed allopathic or osteopathic physician who regularly diagnoses or treats closed-head injuries testifies under oath that there may be a serious neurological injury. Section 691.1405 covers bodily injury and property damage resulting from negligent operation by an agency officer, agent or employee of a motor vehicle owned by that agency under the referenced statutory definition.^{[1][2][3][4][5][6][7][8]}

Conditions and exceptions

Subject to the medical-malpractice exceptions in subsections (7) and (8), section 600.5851(1) gives the person first entitled to bring an action under the act, or those claiming under that person, 1 year after a disability is removed through death or otherwise if that person was under 18 or insane when the claim accrued, even if limitations have run; it does not lessen the time provided by section 5852. Section 600.5851(2) defines insanity as mental derangement that prevents the person from comprehending rights the person is otherwise bound to know, regardless of whether there has been a judicial declaration of insanity. Sections 600.5851(3) through (5) reject later-arising or successive disabilities but recognize concurrent qualifying disabilities until the last continuously existing disability ends.^{[1][2][3][4][5][6][7][8]}

For claims under section 500.3135(1) or (3)(d), section 500.3135(2)(b) bars damages for a party more than 50% at fault, and section 500.3135(2)(c) bars damages for someone operating their own vehicle without required security when injured. Section 500.3135(3)(d) conditions nonresident economic-loss recovery on death, serious impairment or permanent serious disfigurement. Section 500.3135(3)(a) preserves intentionally caused harm claims but excludes from intentional harm qualifying conduct undertaken to avert personal injury or tangible property damage.^{[1][2][3][4][5][6][7][8]}

Related provisions in the saved sources

Section 500.3135(3) abolishes tort liability arising from ownership, maintenance or use within Michigan of a vehicle carrying the required security, subject to its listed exceptions. Section 500.3135(3)(c) excepts damages for allowable expenses, work loss and survivor's loss as defined in sections 3107 to 3110, including future allowable expenses and work loss, that exceed an applicable section 3107c limit or the daily, monthly and 3-year limitations in those sections; allowable expenses are recoverable without limit if coverage was declined under section 3107d or an exclusion under section 3109a(2) applies, and the liable party receives a reduction for taxes that would have been payable on income the injured person would have received absent injury.^{[1][2][3][4][5][6][7][8]}

Section 600.2922(1) conditions wrongful death liability on underlying conduct that would have supported the injured person's action had death not occurred. Section 600.2922(2) requires the action to be brought by and in the name of the estate's personal representative, who must serve the complaint and subsection (4) notice within 30 days after commencement on persons who may be entitled to damages under subsection (3), using the manner and method prescribed by rules applicable to probate court proceedings. Under section 600.2922(7), a person who may be entitled to damages must present a claim to the personal representative on or before the date set for the hearing on the subsection (6) motion for distribution; failure to do so bars a claim to any proceeds. Section 600.2925b, except as otherwise provided by law, uses relative fault and equitable principles for contribution shares between tortfeasors without affecting the injured party's rights to a joint and several judgment.^{[1][2][3][4][5][6][7][8]}

Source date and limits

The source date is 2026-11-06, identifying the saved Michigan Legislature texts rather than verification of today's law. This is a statute-only reference; judicial interpretations, claim-specific applications and insurance policy language are outside its scope. Section 600.5805(14) subjects limitation periods to applicable repose provisions in sections 5838a, 5838b or 5839, whose texts are not supplied. Section 600.5805(15) applies the amendments made by 2011 PA 162 to causes accruing on or after January 1, 2012.^{[1][2][3][4][5][6][7][8]}

Section 600.5851(1) preserves time provided by section 5852, but that unsaved provision is not explained here. Likewise, the security requirements referenced by section 500.3135 and the ownership definition referenced by section 691.1405 are not independently supplied. Section 600.2957(3) preserves existing defenses and immunities except as expressly provided in sections 2956 to 2960; nonparty fault assessments serve only to determine named parties' fault accurately, do not subject the nonparty to liability in that action, and may not be introduced as evidence of liability in another action. This material offers general reference information about the saved provisions and does not constitute legal advice.^{[1][2][3][4][5][6][7][8]}

See also

• Michigan car accident statistics (2020-2024)
• Hiring a lawyer and understanding contingency fees

On related publications

• Michigan truck accident statistics (2020-2024) (truckaccidentlawyers.wiki)