Michigan Court of Appeals; Docket No. 63662; Published
Judge Gillis, Holbrook, and Gribbs; Unanimous; Per Curiam
Official Michigan Reporter Citation: 128 Mich App 307; Link to Opinion 
STATUTORY INDEXING:
Exception to General Priority for Non-Occupants [§3115(1)]
Determination of Involved Vehicle [§3115]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam Opinion the Court of Appeals held that a vehicle which had stopped at an intersection to make a left turn and which was not moving nor blocking the lane of on-coming traffic or doing anything else other than turning the steering wheel with the turn signal on, was not "involved in the accident" within the meaning of §3115(1) of the statute when an on-coming vehicle swerved to avoid the stationary left turning vehicle and ran over a bicyclist. This particular action had been brought by one insurance company against another to seek partial recoupment of no-fault PIP benefits which were paid to the severely injured bicyclist.
The Court did not actually define the phrase "involved in the accident" as that language is used in §3115. However, the Court seemed to quote with approval the analysis of the trial judge who held that tort principles of fault and negligence are not relevant to the analysis. The trial judge stated, "there has to be a link in the chain of circumstances that somehow has to be an active link as opposed to a passive link. While it would not go so far as fault, there must be some sort of activity that somehow contributes to the happening of the accident."
