Washtenaw County Circuit Court; Docket No. CV-78-2905; Unpublished
Judge S. J. Elden; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Nature and Scope of PPI Benefits (Property Damage and Loss of Use) [§3121(1)]
Vehicles and Trailers, Including Motorcycles [§3123(1)(a)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a written Opinion in consolidated cases, Judge Elden held that a motorcyclist who sustains property damage resulting from an accident with a motor vehicle covered by the Act, is entitled to property protection insurance benefits. To recover these benefits, the motorcyclist must look first to his own insurance company, if insured, then to the insurers of a relative domiciled in the same household. If there are no insurers in the same household, benefits may be claimed from the insurers of the owners or operators of the motor vehicles involved in the accident. The motorcyclist has no tort remedy for such damage.
In so holding, Judge Elden noted that property damage to a motorcycle is not among those items of damaged property which are excluded from the property protection benefit portions of the statute (§3121 and §3123). Those exclusions pertain to "motor vehicles," a term which does not apply to motorcycles. In light of the fact that the Supreme Court noted that "motorcycles are rarely at fault in motor vehicle accidents" it would be reasonable to classify damage to motorcycles as damage to nonstationary, tangible property. As such, it is compensable with property protection benefits. Judge Elden based his priority of payment holding upon the decision of the Supreme Court in Underhill/Porter (item number 249) which requires a no-fault benefit claimant to turn to his own company first
