Oakland County Circuit Court; Docket No. 77-150-138-CX; Unpublished
Judge Steven N. Andrews
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Disqualification for Uninsured Owners or Registrants of Involved Motor Vehicles or Motorcycles [§3113(b)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a written Opinion, Judge Andrews denied no-fault benefits to a plaintiff who was struck by another automobile while pumping gasoline into his own uninsured automobile. Judge Andrews held that the plaintiff came under the disqualification provisions of §3113 which provides that a person is not entitled to no-fault benefits if he is the owner of an uninsured vehicle "involved in the accident." Based upon the "relationship to the vehicle" analysis utilized in Collins v Motorists Mutual, 36 Mich App 424 (1971), and Nickerson v Citizens Mutual, 393 Mich 324 (1975), Judge Andrews ruled "that the close proximity and association with the vehicle would constitute 'being involved' within the meaning of the statute." Thus, the Court rejected plaintiff’s contention that he was a mere "pedestrian." On the contrary, he was the owner of an uninsured automobile which was involved in the accident causing plaintiff’s injuries.
