Michigan

STATUTE OF LIMITATIONS

Personal Property: 3 Years

Auto Personal Property Against Carrier: 1 Year

Personal Injury: 3 Years

Auto Personal Injury Against Carrier: 1 Year

Medical Malpractice: 6 months or 2 Years (After Discovery or After Act)

Breach of Contract (Written): 6 Years

Breach of Contract (Oral): 6 Years

Statute of Repose (Real Property): 6 Years

Statute of Repose (Products): N/A

Breach of Warranty: 4 Years

GOVERNMENT LIMITATIONS/NOTICE REQUIREMENTS

Property damage and personal injury claims require notice of claim within 6 months after loss accrues
All other claims require notice within 1 year
Limitations may be shorter for certain government entities
All claims against the State must be filed within the Court of Claims

PIP/MED PAY SUBROGATION

PIP: YES
-PIP subrogation allowed if defendant is uninsured
-PIP subrogation allowed for damage to parked vehicle
-PIP subrogation allowed for damage to building or other property
-PIP subrogation allowed if motor vehicle accident occurs out of state
MED PAY: NO

CONTRIBUTORY NEGLIGENCE

Modified Comparative – 51%
Plaintiff cannot recover if 51% or more at fault (if found to be 50% at fault, plaintiff can recover)

PARENTAL RESPONSIBILITY

Limitation on Parents’ Liability: $2,500.00

Liable when child under 18 causes willful or malicious injury or damage to real or personal property

CERTIFICATE/AFFIDAVIT OF MERIT REQUIREMENT

There is generally no requirement for filing a certificate or affidavit of merit for claims against professionals

JOINT AND SEVERAL LIABILITY

Several Liability
-Exceptions for medical malpractice

VICARIOUS LIABILITY

AGAINST OWNER OF VEHICLE: YES

MADE WHOLE DOCTRINE

Applies

DEDUCTIBLE REIMBURSEMENT

No applicable statute

Subrogation laws are constantly changing. Dickstein Law, LLC makes every effort to keep the state specific information up to date and accurate.  However, the information may become outdated or superseded by new law over time.  The state specific information contained on this site should not be construed as legal advice by Dickstein Law, LLC.  These materials are intended as a general information resource and should not be relied on for any specific claim or situation. If you have a subrogation question or if you notice an error in the information provided on this site, please contact Brandon Dickstein at brandon@dicksteinsubro.com.