Michigan Court of Appeals; Docket No. 200589; Unpublished
Judges Holbrook, Jr., Gribbs, and Danhof; 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In this unanimous unpublished per curiam Opinion dealing with the statute of limitations provisions of §3145 of the no-fault act, the Court of Appeals held that the plaintiff was permitted to file her no-fault PIP lawsuit at any time within one year of her most recent allowable expense, subject to recovery of benefits under the one year back rule. At the time plaintiff filed her complaint, she alleged that she continued to suffer allowable expenses and wage loss as a result of her accident-related injuries. Moreover, plaintiff gave written notice of her accident to the insurer within one year of the accident. Therefore, her lawsuit was not time barred under §3145(1). The Court of Appeals agreed with plaintiff and the lower court that §3145(1) contains two relevant times frames: a statute of limitations and a one year back limitation on allowable benefits. The court stated "in other words: (1) a claimant must file a lawsuit within one year of an accident, unless he or she has given written notice of the accident to the insurer within one year of the accident or has previously received accident-related benefits from the insurer, in which case he or she can file a lawsuit at any time within one year of his or her most recent loss; and (2) a claimant cannot recover benefits for any losses that occurred more than one year before commencement of the suit."
