Washtenaw County Circuit Court; Docket No. 10729-CA; Unpublished
Judge William F. Ager, Jr.; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Calculation of PIP Tort Lien [§3116(2) (4)]
General / Miscellaneous [§3116]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
This is the Fourth Circuit Court decision reported to date which deals with the scope and application of the no-fault carriers lien set forth in §3116 of the No-Fault Law. The Court agreed with the previous decisions that §3116 only permits the first party carrier to obtain reimbursement of PIP benefits paid when the tort recovery represents the same benefits as those provided by the no-fault carrier pursuant to the No-Fault Law. The Court reasoned that because §3135 of the No-Fault Law did not permit an injured Plaintiff to collect medical expenses and lost wage benefits, the no-fault insurance carrier was not entitled to reimbursement for such expenses it paid on behalf of the injured Plaintiff pursuant to his no-fault policy. In those cases where an injured party is allowed to recover all expenses against a tortfeasor (as in cases involving an uninsured driver) the insurance company will be permitted to asset its §3116 lien. The court concluded that the legislature intended §3107 and §3135 to "complement each other,” and as a result, a recovery pursuant to the former should not be set off against the latter.
