Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Under Michigans nofault system, your auto accident injury claim follows a series of steps. Each stage has its own timeframe. Below is a general timeline based on typical procedures under Michigan law.
1. Initial Reporting and Benefit Application
- You must report the accident to your insurer and submit a Personal Injury Protection (PIP) application. See MCL 500.3101.
- Insurers have up to 30 days to acknowledge and accept or deny your PIP claim. See MCL 500.3142.
2. Medical Treatment and Billing Review
- Medical providers submit bills directly to the insurer. Insurers must review and pay reasonable charges within 45 days of receiving a complete bill.
- This stage runs concurrently with treatment, often lasting 36 months for initial recovery.
3. Claim Investigation and Negotiation
- Once bills are paid and records collected, the insurer reviews liability and damages.
- Negotiations for a settlement offer typically occur 2 months after the accident, assuming there are no major disputes over fault or injury severity.
4. Suit Filing and Litigation (if necessary)
- Michigan requires you to file suit within three years of the accident date. See MCL 500.3107.
- If negotiations fail, litigation can add 126 months or more, depending on court schedules and case complexity.
Estimated Overall Timeline
- Simple claims (minor injuries, clear liability): 3 months to final settlement.
- Moderate claims (multiple treatments, comparative fault issues): 62 months.
- Complex claims (permanent injury, disputed liability, litigation): 126 months or longer.
Helpful Hints
- Keep detailed records of medical visits, expenses and correspondence.
- Note all deadlines: claim reporting, bill submission and the threeyear statute of limitations.
- Respond promptly to insurer requests for information.
- Understand Michigans nofault benefits and the right to sue after the serious impairment threshold.
- Consult an experienced auto accident attorney early to protect your rights and deadlines.