Michigan Court of Appeals; Docket #292657 and 294303; Unpublished
Judges Fort Hood, Jansen, and Whitbeck; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
STATUTORY INDEXING:
Exclusion for Vehicles Considered Parked [3106(1)]
Disqualification for Uninsured Owners or Registrants of Involved Motor Vehicles or Motorcycles [3113(b)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals affirmed plaintiff Taylor’s disqualification from recovery of PIP benefits under the uninsured motorist provisions of Section 3113(b) of the statute. That section disqualifies a PIP claimant who was the owner or registrant of an uninsured vehicle that was “involved in the accident.” In this case, Frankie Taylor owned a vehicle that was not insured at the time of the accident. Taylor’s injury occurred after he lost control of that uninsured vehicle on the freeway, causing the vehicle to strike the center median wall and come to rest perpendicular to the roadway, blocking at least one lane of expressway travel. As Taylor was walking away from his vehicle to get help, he was struck by another vehicle. The question was whether Taylor’s uninsured vehicle was “involved in the accident,” thus activating the disqualification provisions of Section 3113(b). In affirming the trial court’s ruling that Taylor’s vehicle was “involved” in the accident, the Court of Appeals cited the decision in Wright v League General Ins Co, 167 Mich App 238 (1988), which dealt with a disabled vehicle that was being pushed by the plaintiff. Based on the Wright decision, the Court of Appeals held in the case at bar that Taylor’s vehicle was involved in the accident and stated, “Applying the plain language of MCL 500.3113(b) and the Wright decision to the present case, we conclude that Taylor’s vehicle was ‘involved in the accident.’ Specifically, Taylor was driving his vehicle on the freeway in rainy conditions when he lost control and struck the center median. Taylor’s vehicle became disabled across the freeway lanes of traffic, and Taylor was struck as he tried to travel on foot to the shoulder. The vehicle was clearly an active link in the chain of circumstances that lead to Taylor’s injuries. Wright, 167 Mich App at 246.”
The court also rejected plaintiff’s theory that his vehicle was “parked” and, thus, plaintiff was not disqualified because plaintiff’s injury did not arise out of a parked vehicle within the meaning of Section 3106. In rejecting this argument, the court found that Taylor’s vehicle was not parked. Rather, the court stated, “Taylor’s vehicle was in motion, struck the median, and became disabled across the freeway. This factual situation demonstrates that Taylor’s vehicle could not be compared to a stationary object or parked vehicle.”
