U.S. Court of Appeals, Sixth Circuit; Docket No. 86-2031; Published
Judges Lively, Wellford, and McRae; Unanimous
Official Federal Reporter Citation: 848 F.2d 701; Link to Opinion 
STATUTORY INDEXING:
General / Miscellaneous [§3135]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous Opinion by Judge Wellford, the U.S. Sixth Circuit Court of Appeals followed the decisions of the Michigan Court of Appeals in Gersten v Blackwell, 111 Mich App 418 (1981) and Berrien County Road Commission v Jones, 119 Mich App 315 (1982) and held that a motorist who was not insured with a no-fault policy certified under §3163 and who sustained injury in an automobile accident in Michigan as a result of the negligence of a Michigan insured driver, may be properly excluded from any tort recovery unless the non-resident sustains serious impairment of body function. The court held that this statutory scheme did not violate due process or equal protection or the right to trial. It is therefore constitutional.
In reaching its holding, the court noted that a non-resident who operates a motor vehicle in Michigan for less than 30 days may opt into the Michigan no-fault scheme by purchasing voluntary no-fault coverage. Thus, non-residents can avail themselves of the benefits of the Michigan no-fault statute if they so desire.
