Wayne County Circuit Court; File No. 75-082-677-CK; Unpublished
Judge Robert J. Colombo; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
One-Year Notice Rule Limitation [§3145(1)]
Required Content of Notice / Sufficiency of Notice [§3145(1)]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
The court held that where a first party insurer has actual notice of an accident, and where plaintiff (here the estate of an uninsured pedestrian) has made an attempt to give notice to the first party insurer by notifying the insured party (here the negligent driver), this notice satisfies the requirements of the notice provisions contained in §3145 of the no-fault law. The no-fault carrier cannot complain that its insured did not transmit the notice. §3135 commands that written notice of the injury must be given to the insurer within one year of the injury by the person claiming to be entitled to no-fault benefits or one acting on his behalf. The court noted that in interpreting notice provisions in general, the courts have looked to whether the defendant insurer has been prejudiced by the manner of notice given. The court held that actual notice within the one year period set for in §3145 refutes such a claim of prejudice as the insurer is accorded an adequate opportunity to investigate the case
