Michigan Court of Appeals; Docket No. 54940; Published
Judges Cavanagh, Branson, and Beasley; Unanimous
Official Michigan Reporter Citation: 114 Mich App 283; Link to Opinion 
STATUTORY INDEXING:
Injured Person and Dependents as Payees [§3112]
One-Year Notice Rule Limitation [§3145(1)]
One-Year Back Rule Limitation [§3145(1)]
Tolling of Limitations for Minors [§3145(1)]
TOPICAL INDEXING:
Revised Judicature Act – Tolling of Statutes of Limitations (MCL 600.5851 – 600.5856)
CASE SUMMARY:
This unanimous Opinion by Judge Cavanagh deals with claims for no-fault benefits by minors and the statute of limitations. The Court made two significant holdings.
First, the Court ruled that under §3112, a claim for no-fault benefits regarding medical expenses incurred as a result of injuries suffered by a minor child belongs to the minor child, not the child's parents, even though the parents, as legal guardians, would be legally responsible for the medical expenses. It is true that in common law tort actions, a cause of action for medical expenses belongs to the parents. However, the language of §3112 is specific and provides that the benefits "are payable to or for the benefit of an injured person." Thus, it was proper for the lawsuit to be filed in the individual name of the minor child, rather than his parents.
Second, relying on the prior opinion in Rawlins v Aetna (item number 230) the Court held that the minority saving provision of FJA 5851 applies not only to the one year period of limitations contained in §3145(1) but also to the "one year back rule" set forth in that provision. The plaintiff in this case was 16 years old at the time he sustained injuries in an automobile accident. He commenced suit in his own name two weeks prior to his 19th birthday. The defendant contended that even if the minority saving provision of the RJA excused the plaintiff from giving notice or filing suit within one year of the accident, plaintiff was still barred from collecting any medical expenses incurred more than one year prior to the time he filed a lawsuit the court rejected this argument and stated, "Although his right to commence the action is reserved under Rawlins, if we do not apply the minority saving provision to the ‘one year back’ rule of §3145 plaintiff would be effectively precluded from recovering PIP benefits for the medical expenses incurred during the two years immediately following the accident In order to advance the policy of RJA §5851 and Rawlins, we conclude that an insured who is injured during his minority and commences an action before his 19th birthday, is entitled to collect PIP benefits for expenses and losses incurred from the date of the accident."
