Michigan Court of Appeals; Docket #235414; Unpublished
Judges Griffin, Gage and Meter; unanimous; per curiam
Official Michigan Reporter Citation: Not Applicable, Link to Opinion 
STATUTORY INDEXING:
One-Year Notice Rule Limitation [3145(1)]
One-Year Back Rule Limitation [3145(1)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals held that plaintiff’s claim for no-fault benefits was barred by the one-year statute of limitations contained in section 3145(1) of the No-Fault Act. That statute provides:
“An action for recovery of personal protection insurance benefits . . . for accidental bodily injury may not be commenced later than one 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 one year after the accident. . . . If the notice has been given . . ., the action may be commenced at any time within one year after the most recent allowable expense, work loss or survivors’ loss has been incurred.”
The court held that this statute expressly requires “written notice” to the insurer. It does not matter if the insured provides the written notice herself or if someone else, such as her attorney or her insurance agent, submits it to the company on her behalf. In unusual circumstances, it does not even matter if the written notice is not submitted on behalf of the injured person or the claimant. However, verbal notification alone is not sufficient. The court held that because plaintiff only gave defendant verbal notice of the accident, and because plaintiff did not file suit within one year from the date of the accident, her claim was time barred.
