Car Accident Statute of Limitations in Michigan
Last verified 2026-07 · Source: Mich. Comp. Laws § 600.5805(2) ✓ verified · 3 sources
The deadline
3 years
from the time of the death or injury — the date of the accident, under Mich. Comp. Laws § 600.5805(2).
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Michigan law sets a hard deadline of 3 years to file a car accident lawsuit. The controlling statute is Mich. Comp. Laws § 600.5805(2), and the clock generally starts on the time of the death or injury — the date of the accident. Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.
Michigan Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Car Accident | 3 years | Mich. Comp. Laws § 600.5805(2) |
| Credit Card Debt | 6 yrs | Mich. Comp. Laws § 600.5807(9) |
| Medical Malpractice | 2 yrs | MCL § 600.5838a (medical-malpractice accrual/limitations); MCL § 600.5805(8) (2-year period) |
| Wrongful Death | 3 yrs | Mich. Comp. Laws § 600.2922; § 600.5805(2) |
| Personal Injury | 3 yrs | Mich. Comp. Laws § 600.5805(2) |
| Dog Bite | 3 yrs | MCL § 287.351 |
| Slip and Fall | 3 yrs | Mich. Comp. Laws § 600.5805(2) |
| Defamation | 1 yr | MCL § 600.5805(11) |
| Breach of Contract | 6 yrs | Mich. Comp. Laws § 600.5807(9) |
| Medical Debt | 6 yrs | MCL 600.5807 |
When the Clock Starts
In Michigan, the limitations period for car accident lawsuits generally begins on the time of the death or injury — the date of the accident. Michigan does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Claims against the State of Michigan for personal injury or property damage require filing a written claim or notice of intent with the clerk of the Court of Claims within 6 months after the event giving rise to the claim (Mich. Comp. Laws § 600.6431(1), (4)).
Michigan is a no-fault state: third-party car-accident suits require death, serious impairment of body function, or permanent serious disfigurement (MCL 500.3135), and first-party PIP benefit actions carry a separate 1-year limit (MCL 500.3145, revised by the 2019 no-fault overhaul); Michigan recognizes no general common-law discovery rule (Trentadue v. Buckler, 479 Mich. 378 (2007)), and a minor has 1 year after turning 18 if the period has run (MCL 600.5851(1)).
Source: Mich. Comp. Laws § 600.5805(2), official Michigan statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Michigan government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Michigan Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Michigan | 3 years | Mich. Comp. Laws § 600.5805(2) |
| Ohio | 2 yrs | Ohio Rev. Code § 2305.10 |
| Indiana | 2 yrs | Ind. Code § 34-11-2-4(a) |
| Wisconsin | 3 yrs | Wis. Stat. § 893.54(1m)(a) |
Frequently Asked Questions
How long do I have to file a car accident lawsuit in Michigan?
You have 3 years from the time of the death or injury — the date of the accident, under Mich. Comp. Laws § 600.5805(2).
Can I still sue after 3 years in Michigan?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
What if the victim was a minor?
Michigan generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Claims against the State of Michigan for personal injury or property damage require filing a written claim or notice of intent with the clerk of the Court of Claims within 6 months after the event giving rise to the claim (Mich. Comp. Laws § 600.6431(1), (4)).
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Sources
- Official MCL 600.5805 — Michigan Legislature, Michigan Compiled Laws
- Corroborating Justia: Michigan Compiled Laws § 600.5805 — Injuries to Persons or Property
- Corroborating FindLaw: Michigan Compiled Laws § 600.5805
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Michigan attorney.