Michigan Compiled Laws

Mich. Comp. Laws § 257.1128 (2026)

Claims or actions against fund; limitation.

✓ current as of July 2026

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MOTOR VEHICLE ACCIDENT CLAIMS ACT

Act 198 of 1965

257.1128 Claims or actions against fund; limitation.

Sec. 28.

All claims or actions under which any person seeks to recover from the fund shall be filed or commenced within 3 years from the date of accident.

History: 1965, Act 198, Eff. Nov. 1, 1965

Notes of Decisions

Cited in 7 cases, 1972–1979 · leading case: Lisee v. Sec'y of State, 199 N.W.2d 188 (Mich. 1972).

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Lisee v. Sec'y of State, 199 N.W.2d 188 (Mich. 1972). · cites it 4× “" MCLA 257.1128; MSA 9.2828, provides: "All claims or actions under which any person seeks to recover from the fund shall be filed or commenced within 3 years from the date of accident.”

Lambert v. Calhoun, 210 N.W.2d 796 (Mich. Ct. App. 1973). · cites it 6× “2805, and moved for accelerated judgment alleging plaintiff's claim against the Motor Vehicle Accident Claims Fund was barred by the three-year statute of limitations set out in MCLA 257.”

Rawlins v. Aetna Cas. & Sur. Co., 284 N.W.2d 782 (Mich. Ct. App. 1979). “Lambert’s action was brought under the Motor Vehicle Accident Claims Act, which contains its own statute of limitations, MCL 257.1128; MSA 9.2828. The Secretary of State intervened as a party defendant.”

Lambert v. Calhoun, 229 N.W.2d 332 (Mich. 1975). “” MCLA 257.1128; MSA 9.2828. 2 "If the person first entitled to make an entry or bring any action is under 21 years of age, insane, or imprisoned at the time his claim accrues, he or those claiming under him shall have 1 year after his disability is removed through death or…”

Farmers Ins. Exch. v. Horenburg, 203 N.W.2d 742 (Mich. Ct. App. 1972). “MCLA 257.1128; MSA 9.2828. Recently, our Supreme Court said, the purpose of the Legislature in passing the Motor Vehicle Accident Claims Act was to compensate those persons who were injured as a result of the negligent operation of a motor vehicle by an uninsured person.”

Rosebrock v. Vondette, 271 N.W.2d 257 (Mich. Ct. App. 1978). “2818 and MCL 257.1128; MSA 9.2828 barred any recovery because of the three-year statute of limitations contained therein.”

Yelder v. Stevens, 213 N.W.2d 225 (Mich. Ct. App. 1973). “MCLA 257.1128; MSA 9.2828. The trial court granted the Secretary of State’s motion for accelerated judgment on the ground that the three-year limitation period had run, and thus plaintiff’s cause was barred.”

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