Michigan Court of Appeals; Docket #225207; Unpublished
Judges White, Whitbeck and Holbrook; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
STATUTORY INDEXING:
General / Miscellaneous [3113]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals affirmed the trial court’s ruling that a plaintiff who was injured as a result of a motor vehicle accident is entitled to recover no-fault PIP benefits even though the victim may have allegedly been participating in a drive-by shooting and was attempting to flee the scene of the crime in a stolen vehicle where the injury occurred. The court held that there is nothing in the no-fault statute that disqualifies such an injury. However, the court agreed that, “Michigan Millers has identified a social problem that should be addressed. However, the Legislature is the proper body to take action, as it did when passing a statutory exception to no-fault benefits for individuals who are injured in an accident while using a motor vehicle or motorcycle which the individual had taken unlawfully .” [See, section 3113(a)] Because this injury did not fall within any statutory exclusion, plaintiffs in this situation would be entitled to benefits until the Legislature amended the statute.