How Long Do I Have to File a Lawsuit Against the At-Fault Driver?

If you’ve been injured in a Michigan auto accident, you generally have three years from the date of the crash to file a lawsuit against the at-fault driver for the injuries you sustained. This three-year period is known as the “statute of limitations.” It applies to both bodily injury and wrongful death claims. While there are certain exceptions to this rule, such as if the person injured in the car accident is a child or is mentally impaired, it is typically best to assume that the time limit for filing a car accident claim in Michigan is three years from the date of the collision.

lawsuit time limit

Furthermore, the statute of limitations for uninsured motorist claims and underinsured motorist claims may be shorter or longer than three years. It depends on the actual language within the insurance policy. To make sure you do not risk losing any underinsured or uninsured motorist benefits, you should have an experienced attorney review your policy.

It’s also important to note that there are important statute of limitations that apply to an injured person’s right to claim Michigan no-fault benefits.

Act Quickly to Protect Your Right to File a Lawsuit

Although you have three years after the date of your Michigan car accident to file a lawsuit against the at-fault driver, you should act quickly to protect your rights. It is important that you consult a Michigan auto accident attorney immediately after a motor vehicle collision to ensure:

  • the preservation of valuable evidence
  • the passing of time doesn’t weaken the ability to file a lawsuit
  • witnesses’ memories remain strong

You should also refrain from speaking with any investigators or insurance adjusters who represent the interests of the driver who caused the accident.

Learn more about what you should do after a car accident.

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