Two claims, two clocks
Most Michigan crash victims have two claims running at once. Your no-fault PIP claim pays bills and wages as they come in, and has its own one-year deadlines. The claim against the at-fault driver for pain and suffering and excess losses is a single lump-sum case resolved once, with a three-year filing deadline. This page is about the second.
The stages
- Investigation (first weeks). Police report, photos, video preservation letters, witness contacts, and identifying every insurance policy. Evidence is most at risk now.
- Treatment. The case waits for your medical picture to become clear: whether you recover, need surgery, or have permanent limits. This is usually the longest stage and should not be rushed.
- Demand and negotiation. Once treatment stabilizes, we send the insurer the records, bills, wage proof and a demand. Clear-liability cases with modest injuries sometimes resolve here.
- Lawsuit. If the offer is not fair, or the three-year deadline is approaching, we file in circuit court. The defendant must answer, and both sides exchange initial disclosures, including insurance information.
- Discovery. Written questions, document requests, depositions of you, the other driver and witnesses, and often an insurer-requested medical exam. The court’s scheduling order sets the length.
- Threshold motion. The defense frequently asks the judge to dismiss the non-economic claim for failing the serious impairment threshold.
- Facilitation or case evaluation. Most cases settle at or around mediation. Since January 1, 2022, case evaluation under MCR 2.403 is voluntary and no longer carries penalties for rejecting an award.
- Trial. Few cases get here. When they do, the trial date depends on the court’s docket.
- Release, liens and disbursement. After agreement, you sign a release, the insurer pays, and any liens must be resolved before funds go out. See taxes and liens.
What makes cases faster or slower
| Tends to speed it up | Tends to slow it down |
|---|---|
| Clear liability (rear-end, red-light video) | Disputed fault or multiple vehicles |
| Treatment that ends with a clear prognosis | Ongoing treatment or a pending surgery decision |
| Injuries well inside the policy limits | Damages above the limits, requiring UIM or other coverage |
| No Medicare or Medicaid involvement | Medicare, Medicaid or ERISA plan liens to resolve |
| Adult client | A minor or incapacitated person, which requires court approval under MCR 2.420 |
Do not let the PIP deadlines slip
While the injury case develops, the no-fault claim keeps its own rules: notice to the insurer within one year of the crash, and no recovery in a lawsuit for any expense incurred more than one year before the suit is filed. Under MCL 500.3145, that one-year period is tolled from a specific claim for benefits until the insurer formally denies it, if you pursue the claim with reasonable diligence; the clock then resumes. Use the deadline calculator.
Three years, regardless of treatment. The suit against the at-fault driver must be filed within three years of the crash (MCL 600.5805(2)), even if you are still treating. Filing does not force an early settlement; it protects the claim.
Sources: MCL 600.5805(2); MCL 500.3145; MCR 2.302(A); MCR 2.403 (as amended effective January 1, 2022); MCR 2.420; MCL 500.3135(2)(a).
Questions people ask us
How long does a Michigan car accident case take to settle?
It depends mostly on how long your treatment lasts and whether a lawsuit is needed. A claim with clear liability can resolve before suit once treatment stabilizes; a litigated case commonly takes a year or more after filing because of discovery and court scheduling.
Is case evaluation still required in Michigan?
No. Since January 1, 2022, case evaluation under MCR 2.403 is voluntary, and the old penalties for rejecting an award no longer apply. Courts commonly use facilitation or mediation instead.
Should I settle before I finish treatment?
Usually not. A release ends the claim permanently, so settling before the doctors know whether you need surgery or will recover risks leaving the largest part of the claim on the table.
How long after settlement do I get paid?
After the release is signed, the insurer issues the check, and liens such as Medicare or Medicaid must be resolved before the money is disbursed. Lien resolution is often the slowest part.
