Michigan Court of Appeals; Docket No. 119231; Unpublished
Judges Brennan, MacKenzie, and T. M. Burns; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
STATUTORY INDEXING:
PIP Insurer’s Right to Reimbursement for Claims Paid Arising Out of Uninsured Vehicle Injuries [§3177(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam unpublished Opinion, the Court of Appeals affirmed recovery in favor of the no-fault insurer against the uninsured driver causing the insured's injuries under the provisions of §3177 which provides that an insurer obligated to pay PIP benefits arising out of the ownership or use of an uninsured motor vehicle may recover such benefits from the owner or registrant of the uninsured motor vehicle.
The insured was leaving a concert at the Pontiac Silverdome when his motorcycle collided with an uninsured automobile driven by the defendant Wilson. The injured party had no insurance on his motorcycle which would pay for his injuries, and consequently, received no-fault benefits through his mother's policy covering her automobiles and members of her household. After paying these benefits, Michigan Mutual filed action against the uninsured motorist under §3177.
The Court of Appeals rejected the defendant's contention that fault was an issue in the claim against him under §3177. Fault is an irrelevant issue under §3177, the only issue being whether the defendant owned an uninsured motor vehicle involved in a collision which gave rise to the obligation of the no-fault carrier to pay PIP benefits to the injured party.