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Appointments keep coming, bills keep arriving, and someone at an insurance company may already be asking for a number. It’s reasonable to want to know when this will end. No lawyer can give a reliable date at the start. We can explain how a Michigan crash claim moves, which steps take time, and which ones you can influence.
Vahdat Weisman Law auto accident attorneys represent people hurt in crashes across Michigan, in benefit disputes with their own insurer and in claims against the driver who caused the crash. Call (734) 469-4994 for a free consultation. No attorney fee unless we recover for you.
Most Michigan crash cases involve two separate claims that do not settle on the same schedule. The first is the no-fault claim for personal protection insurance (PIP) benefits, usually with your own auto insurer, which covers medical care, wage loss, and household help without regard to fault. The second is the claim against the at-fault driver for pain and suffering, and for certain economic losses PIP does not cover.
When people ask how long a settlement takes, they usually mean the second claim. The first should be paid along the way.
PIP is not a lump sum at the end. The statute says benefits “are payable as loss accrues,” and they become overdue if not paid within 30 days after the insurer receives reasonable proof of the fact and amount of the loss (MCL 500.3142(1)-(2)). If a provider sends a medical bill more than 90 days after the service, the insurer gets an additional 60 days before that payment is overdue (MCL 500.3142(3)).
An overdue payment carries simple interest at 12 percent per year (MCL 500.3142(4)). That interest accrues only when the payment is late. Attorney fees are a separate question: your lawyer is entitled to a reasonable fee from the insurer only if a court finds the insurer unreasonably refused to pay or unreasonably delayed proper payment (MCL 500.3148(1)).
Two one-year rules apply to PIP. A lawsuit for benefits generally must be filed within one year after the accident unless written notice of injury reached the insurer within that year or the insurer already paid benefits (MCL 500.3145(1)). And once suit is filed, you generally cannot recover losses incurred more than one year before filing. However, that limit is subject to tolling from a specific claim for payment until the insurer formally denies it, as long as you pursue the claim with reasonable diligence (MCL 500.3145(2)-(3)). Our no-fault PIP benefits disputes page covers cutoffs and delays.
A claim against the at-fault driver is usually resolved once, with a single payment and a release, so timing turns on knowing enough about the injury to value it.
The medical picture. Until doctors can describe the long-term condition, no one can confidently say whether surgery will be needed, how long restrictions will last, or whether a return to the same work is realistic. No statute requires waiting for a particular medical milestone, and a fully healed injury may be ready sooner than a spinal injury still being treated.
The threshold. Pain and suffering is recoverable only if the injury caused death, serious impairment of body function, or permanent serious disfigurement (MCL 500.3135(1)). The proof comes from treatment records, so the claim moves at the pace the record develops. Our serious impairment threshold page explains the test.
Fault and coverage. The at-fault driver’s bodily injury coverage sets a practical ceiling. Michigan policies default to $250,000 per person and $500,000 per crash, but a policyholder may choose limits as low as $50,000 and $100,000 (MCL 500.3009). Where the injury clearly exceeds a low limit, the claim may resolve faster, and underinsured motorist coverage may come into play.
When the medical picture is clear enough, the lawyer gathers records, bills, wage documentation, and witness accounts and sends a written demand to the at-fault driver’s insurer. Negotiation follows, and if it does not resolve the claim, the next step is a lawsuit.
The deadline for that lawsuit is generally three years from the date of the crash (MCL 600.5805(2)). Settlement talks do not, by themselves, pause that clock. If a case is still being negotiated close to the three-year mark, you must file to protect it.
Filing suit does not mean the case will go to trial.
Discovery. Both sides exchange records, answer written questions, and take depositions. The defense can also ask the court to order an examination by a doctor it selects (MCR 2.311). The court issues a scheduling order that sets dates for these steps (MCR 2.401).
Case evaluation. Michigan courts may send a civil damages case to a panel of three evaluators who review each side’s written summary and place a dollar value on the case (MCR 2.403). Each side then has 28 days after service of the evaluation to accept or reject it in writing, and silence counts as a rejection (MCR 2.403(L)(1); SCAO Form MC 32).
If everyone accepts, judgment enters in that amount unless it is paid within 28 days after notice of the acceptances, in which case the court dismisses the case (MCR 2.403(M)(1)). If anyone rejects, the case continues toward trial. Before 2022, rejecting an award could expose a party to paying the other side’s costs. The Michigan Supreme Court removed those court-rule sanctions effective January 1, 2022, and also allowed parties to substitute a different court-approved process for case evaluation (order, ADM File No. 2020-06).
Facilitative mediation. A court can also refer a case to mediation, where a neutral mediator with no power to decide anything works with both sides to reach an agreement (MCR 2.411(A)(2)). What is said in mediation is generally confidential (MCR 2.412).
Trial. Cases that do not settle are set for trial on the court’s calendar, and those dates depend on the docket and can move. The Michigan Supreme Court sets case-age guidelines that trial courts track (Administrative Order 2013-12), but they are management targets for the court, not a deadline in any one case.
A claim tends to move faster when fault is clear, treatment is complete, the records are complete, and the available insurance is plainly limited. Disputes over who caused the crash or whether an injury predates it, ongoing treatment or recommended surgery, multiple at-fault parties or insurers, gaps in the medical records, a busy docket, and, above all, a trial or appeal add time.
For the first days after a crash, see what to do after a car accident.
Agreeing on a number is not the same as having the money.
The release. A signed release ends the claim, and the insurer’s payment normally goes into the lawyer’s client trust account. Michigan’s ethics rules require a lawyer to promptly pay out funds a client or third person is entitled to receive, and to keep any disputed amount separate until the dispute is resolved (MRPC 1.15(b)(3), (c)).
Liens. If Medicare, Medicaid, or a health plan paid for crash-related care, it may be entitled to repayment from the settlement. Medicare requires reporting the settlement, then issues a final demand; payment is due within 60 days of the demand letter, with interest charged from the date of that letter if it is late (CMS conditional payment guidance). Michigan Medicaid has its own recovery rights and must be notified before a settlement (MCL 400.106). Self-funded employer plans governed by the federal ERISA law can enforce clear reimbursement terms in the plan document (US Airways, Inc. v. McCutchen, 569 US 88 (2013)). Resolving these claims, and reducing them where the law allows, can take weeks or months.
A child’s claim. A court must approve a settlement for a minor, and in a personal injury case the child generally must appear before the judge unless excused for good cause (MCR 2.420; SCAO checklist). Claims settled before any lawsuit is filed are handled under the probate code instead.
A death claim. A wrongful death claim is brought by a personal representative appointed through probate. While a lawsuit is pending, the court must approve the settlement and then hold a hearing before distributing the proceeds (MCL 600.2922(5)-(6)). If no lawsuit is pending, probate court procedures govern distribution (MCL 600.2922(9)).
Much of a settlement timeline depends on preparation: keeping PIP benefits paid on time, building the medical record behind the injury claim, filing before the three-year deadline, and identifying liens early so they do not hold up payment. Jordan S. Vahdat has also served as a case evaluator for the Washtenaw Circuit Trial Court and the 15th District Court since 2020.
From our Livonia office, we represent injured people and their families throughout Michigan. Founding partners Kara E. Weisman and Jordan S. Vahdat have each been honored as Super Lawyers Rising Stars. Our attorneys are members of the State Bar of Michigan and active in the Michigan Association for Justice. We advance case costs, we work in English and Spanish, and we are available 24/7.
Jordan S. Vahdat is a founding partner of Vahdat Weisman Law in Livonia and handles negligence, premises liability, auto accident, and insurance dispute cases. He has been admitted to all Michigan state courts since 2014, practices in the Eastern District of Michigan, and has served as a case evaluator for the Washtenaw Circuit Trial Court and the 15th District Court since 2020. He is fluent in Spanish.
If you were hurt in a crash and want to know where your claim stands, call Vahdat Weisman Law at (734) 469-4994 or contact us online for a free consultation. Available 24/7, serving all of Michigan, with Spanish-speaking staff.
Dedicated to Justice. Devoted to You. Winning for Your Future.
Reviewed by Jordan S. Vahdat, Vahdat Weisman Law. Last reviewed October 2026.
This information is for educational purposes only and does not constitute legal advice. Every case is unique, and prior results do not guarantee future success.