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Statute of Limitations for Auto Tort Claims

The general rule under Michigan law is that tort liability claims have a three-year statute of limitations that runs from the date of the injury. MCL 600.5805(10). This three-year limitations period applies to bodily injury as well as wrongful death claims.

There are certain exceptions to this rule that apply to children or those who are mentally incompetent. However, it is best to assume that the statute of limitations for tort liability claims is always three years from the date of the accident without regard to these possible exceptions.

Moreover, it is generally the case that if the victim intends to pursue a tort liability claim, the process should begin immediately so that valuable evidence is not lost or the claim is not otherwise weakened by the passage of time. Accordingly, accident victims who have potential tort liability claims should move quickly to protect their rights. They should refrain from speaking with any investigators or insurance adjusters who represent the interests of the at-fault party.

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