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What is the time limit to file medical on an auto accident in Michigan?

It is advisable to submit your claims for medical bills every thirty days, but claims for medical bills can be submitted up to within one year of the date of the service. The Michigan no-fault application for bodily injury benefits must be completed, signed and returned no later than one (1) year from the date of accident. So you have a one (1) year in which to file your medical bills against your Personal Injury Protection (PIP) no-fault benefits in the State of Michigan.

According to the Michigan Office of Financial and Insurance Regulation (OFIR) [formally known as the Office of Financial and Insurance Services (OFIS) but renamed as of April 2008] your car insurance policy covers your personal injuries resulting from an auto accident. However, there is a “one-year back” limitation. That is, if your company denies you benefits, the farthest back you can sue for benefits is one year. Therefore, if you have a personal injury claim with your insurer, make sure you get a written decision on the claim before one year expires.

The one year time period is state in Section 500-3145 of the Michigan Compiled Laws (MCL). Here subsection 1 notes that:

An action for recovery of personal protection insurance benefits payable under this chapter for accidental bodily injury may not be commenced later than 1 year after the date of the accident causing the injury unless written notice of injury as provided herein has been given to the insurer within 1 year after the accident or unless the insurer has previously made a payment of personal protection insurance benefits for the injury.

Subsection 2 notes:

An action for recovery of property protection insurance benefits shall not be commenced later than 1 year after the accident.

If you need to file a lawsuit regarding your medical expenses this also needs to be done within the one-year period. If you decide to consult a lawyer, do so in advance of the end of the one-year period because the lawyer will need time to evaluate your possible claim.

Michigan Third Party auto negligence law allows a claim against the negligent driver for injuries and excess economic loss after the first 3 years (the first 3 years are part of the first party no fault PIP case). Unlike a 1st Party PIP case with a 1 year statute of limitations, a 3rd party auto negligence case has a 3 year statute of limitations. So if you have so severe of injuries that you are placing a claim against the at-fault person’s bodily injury coverage then MI law allows you to have three years to file a lawsuit.

Here is some general knowledge about PIP coverage in Michigan. If you are injured in an auto accident, the personal injury protection (PIP) portion of your no-fault auto insurance policy will pay for all reasonably necessary medical expenses. It will also pay for up to three years of wages you would have earned if you had not been hurt, up to a specified maximum amount.

So under PIP in MI if you are hurt in an auto accident, this part of your no-fault policy will pay all of your medical costs. It will also pay up to 85% of the income you would have earned if you had not been hurt, for up to three years. However, the amount that you would be paid for lost income is limited and the limit is revised annually. Effective 10/1/07, the maximum is $4,713 per month and in October of 2008 the amount will be revised again.

So if you are killed in an accident, your policy will currently pay your family up to $4,713 per month for three years, depending upon what they would have received from your earnings and fringe benefits. In addition, you are entitled to $20 per day in replacement services. This is to pay for services which injured persons are no longer able to provide for themselves or their families, such as housekeeping and yard work.

You should be aware that your auto insurance company may impose a deductible on any claim you submit for PIP benefits following an auto accident. This means that you will be responsible for paying for any expenses, up to this deductible limit, before the auto insurance company will pay for any of your injuries. Your policy should have this deductible amount listed.

If you have more insurance questions regarding your specific MI policy call your insurance agent or company. If you have more questions regarding the insurance laws and statute of limitations put in place by the state of Michigan you can contact the Office of Financial and Insurance Regulation toll free at 877-999-6442. This is the state agency that regulates insurance in Michigan.

For a MI online car insurance quote, follow this link.

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This car insurance answer was last updated 10:59 AM Jul-15.
This claims question was asked 4:48 PM Jul-11-2008.
Jeri requested this car insurance help from CarInsurance.com experts.
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