Sec. 3145.
(1) An action for recovery of personal protection insurance benefits payable under this chapter for an accidental bodily injury may not be commenced later than 1 year after the date of the accident that caused the injury unless written notice of injury as provided in subsection (4) 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.
(2) Subject to subsection (3), if the notice has been given or a payment has been made, the action may be commenced at any time within 1 year after the most recent allowable expense, work loss, or survivor's loss has been incurred. However, the claimant may not recover benefits for any portion of the loss incurred more than 1 year before the date on which the action was commenced.
(3) A period of limitations applicable under subsection (2) to the commencement of an action and the recovery of benefits is tolled from the date of a specific claim for payment of the benefits until the date the insurer formally denies the claim. This subsection does not apply if the person claiming the benefits fails to pursue the claim with reasonable diligence.
(4) The notice of injury required by subsection (1) may be given to the insurer or any of its authorized agents by a person claiming to be entitled to benefits for the injury, or by someone in the person's behalf. The notice must give the name and address of the claimant and indicate in ordinary language the name of the person injured and the time, place, and nature of the person's injury.
(5) An action for recovery of property protection insurance benefits may not be commenced later than 1 year after the accident.
History: Add. 1972, Act 294, Eff. Mar. 30, 1973 ;-- Am. 2019, Act 21, Imd. Eff. June 11, 2019 Compiler's Notes: Act 143 of 1993, which amended this section, was submitted to the people by referendum petition (as Proposal C) and rejected by a majority of the votes cast at the November 8, 1994, general election.Popular Name: Act 218Popular Name: Essential InsurancePopular Name: No-Fault Insurance
Structure Michigan Compiled Laws
Chapter 500 - Insurance Code of 1956
Act 218 of 1956 - The Insurance Code of 1956 (500.100 - 500.8302)
218-1956-31 - Chapter 31 Motor Vehicle Personal and Property Protection (500.3101...500.3179)
Section 500.3101b - Repealed. 2011, Act 91, Imd. Eff. July 15, 2011.
Section 500.3101c - Standard Certified Statement.
Section 500.3101d - Qualification as Self-Insurer; Certificate; Issuance; Cancellation.
Section 500.3107 - Expenses and Work Loss for Which Personal Protection Insurance Benefits Payable.
Section 500.3107a - Basis of Work Loss for Certain Injured Persons.
Section 500.3107b - Reimbursement or Coverage for Certain Expenses Not Required.
Section 500.3108 - Survivor's Loss; Benefits.
Section 500.3113 - Person Not Entitled to Personal Protection Insurance Benefits.
Section 500.3116 - Value of Claim in Tort; Subtraction From or Reimbursement for Benefits.
Section 500.3121 - Liability for Accidental Damage to Tangible Property.
Section 500.3123 - Exclusions From Property Protection Insurance Benefits.
Section 500.3125 - Priorities in Claiming Property Protection Benefits.
Section 500.3131 - Residual Liability Insurance; Coverage.
Section 500.3141 - Notice of Accident.
Section 500.3143 - Assignment of Right to Future Benefits Void.
Section 500.3146 - Limitation of Action by Insurer for Recovery or Indemnity.
Section 500.3148 - Attorney's Fee; Restrictions.
Section 500.3151 - Submission to Mental or Physical Examination; Physician Requirements.
Section 500.3152 - Report of Mental or Physical Examination.
Section 500.3153 - Court Orders as to Noncompliance With MCL 500.3151 and 500.3152.
Section 500.3158 - Statement of Earnings; Report and Records From Medical Institution.
Section 500.3173 - Certain Persons Disqualified From Receiving Benefits Under Assigned Claims Plans.
Section 500.3176 - Taking Costs Into Account in Making and Regulating Rates.