Michigan Notice of Claim

Introduction

Key Things to Know

1. 1

   The deadline is short and strict. Missing it can bar the claim. Reading the statute or contacting the Court of Claims clerk or the agency's clerk or risk management office confirms the current rule for your claim.

2. 2

   State track (MCL 600.6431): for a property damage or personal injury claim, the claim or notice is filed with the clerk of the Court of Claims within 6 months after the event that gives rise to the claim. Other claims against the State have 1 year after accrual.

3. 3

   The State notice is filed with a court, the clerk of the Court of Claims, not with an agency. The claimant supplies copies for transmittal to the Attorney General and to each named state department or agency.

4. 4

   The State notice states the time when and place where the claim arose, gives a detailed statement of the nature of the claim and the items of damage, designates the state department or agency involved, and is signed and verified by the claimant before an officer authorized to administer oaths.

5. 5

   Defective-highway notice (MCL 691.1404): the injured person serves notice on the governmental agency of the occurrence of the injury and the defect within 120 days from the time the injury occurred. An injured person under 18 has 180 days from the injury, and a person incapacitated by physical or mental disability has 180 days after the disability ends.

6. 6

   The defective-highway notice gives the exact location and nature of the defect, the injury sustained, and the names of known witnesses. It is served on any individual who may lawfully be served with civil process for the agency, personally or by certified mail, return receipt requested. For the State, it is filed in triplicate with the Court of Claims clerk.

7. 7

   Sewage disposal system event notice (MCL 691.1419): notice is due within 45 days after discovery, to the individual the agency designates. For other claims against a city, county or township, ask the entity's clerk or risk management office what notice it requires.

Michigan Requirements for Notice of Claim

• State Notice Deadline

  MCL 600.6431: property damage or personal injury claims within 6 months after the event that gives rise to the claim; other claims within 1 year after accrual.

• Filed With the Court of Claims

  MCL 600.6431: file with the clerk of the Court of Claims, with copies for transmittal to the Attorney General and each named state department or agency.

• Sworn State Notice

  MCL 600.6431: state the time and place the claim arose, the nature of the claim and items of damage, and the agency involved, signed and verified before an officer authorized to administer oaths.

• Defective Highway Notice

  MCL 691.1404: notice within 120 days from the injury; 180 days for an injured person under 18; 180 days after a disability ends. Local agency: served personally or by certified mail; State: filed in triplicate with the Court of Claims clerk.

• Sewage Disposal System Event Notice

  MCL 691.1419: notice within 45 days after discovery, to the individual the governmental agency designates.

• State Suit Deadline

  MCL 600.6452(1): a claim against the State is forever barred unless filed with the Court of Claims clerk, or an action is commenced in federal court, within 3 years after it first accrues.

• Highway Defect Details

  For a defective highway notice, give the exact location and nature of the defect, the injury sustained, and the names of known witnesses.