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Claim Representative Recording Oral Statement of Claimant Satisfies the “Written” Notice Requirement of MCL 500.3145(1)

Motor Vehicle Litigation / November 30, 2020

MCL 500.3145(1) sets forth the requisite substance of the notice, and method of notice, necessary to preserve a claim for PIP benefits. A sufficient notice must substantively contain “the name and address of the claimant and indicate in ordinary language the name of the person injured and the time, place and nature of his injury.”

An insurer is properly notified if the content required by MCL 500.3145(1) is given to the insurer by either the claimant directly or “by someone in his behalf.” While the statute requires that the notice be “in writing,” the statute does not limit who must be the one to create the writing.

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