Michigan Court of Appeals; Docket No. 215958; Unpublished
Judges Bandra, Fitzgerald, and Leiber; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
STATUTORY INDEXING:
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In this unanimous unpublished per curiam opinion, the Court of Appeals affirmed the trial court’s denial of no-fault benefits to plaintiff on the basis of the uninsured motorist provisions of section 3113(b) of the Act. In this case, plaintiff was driving his uninsured motor vehicle when it stalled on the roadway. Plaintiff exited the vehicle in order to push it off of the road. As he was doing so, another vehicle came down the road, swerved to avoid the plaintiff’s vehicle and struck the plaintiff. The issue was whether plaintiff’s uninsured motor vehicle was “involved” in the accident, thus disqualifying plaintiff under the provisions of section 3113(b). In holding that plaintiff’s vehicle was involved in the accident, the Court of Appeals relied upon Turner v Auto Club Insurance Association [Item No. 1757], which held that a motor vehicle is involved in the accident if it actively contributes to the accident. Citing Turner, the court stated:
“there must be an ‘active link’ between the injury and the use of the motor vehicle as a motor vehicle for the vehicle to be deemed ‘involved in the accident.’... However, physical contact is not required to establish that the vehicle was ‘involved in the accident.’... Thus, while plaintiff was not injured by his vehicle, the accident was caused by his vehicle, which therefore constituted an ‘active link’ in the events which led to his injury. Therefore, the trial court did not err in concluding that plaintiff was disqualified from receiving benefits under section 3113(b).”
