Oakland County Circuit Court; Docket No. 75-123414-CZ; Unpublished
Judge Richard D. Kuhn; Written Opinion
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)]
Exception to General Priority for Non-Occupants [§3115(1)]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
The Court denied recovery of PIP benefits to Plaintiff on the basis of §3113(b) of the no-fault statute due to the fact that Plaintiff was an uninsured owner of a motor vehicle which was "involved" in the accident which caused Plaintiff's injuries. The Plaintiff was injured when a van ran into his disabled vehicle, pinning the Plaintiff between the van and a nearby tow truck which was on the scene to lend assistance to Plaintiff’s car. The Court (in a bench trial) found that the injuries were sustained in one accident and that Plaintiff’s uninsured car was involved in that accident and accordingly was precluded from recovery of PIP benefits. The Court rejected Plaintiff’s argument that "involved" within the context of §3113(b) means an involvement amounting to a proximate cause of the accident In addition, the Court held that §3113(b) was not unconstitutional under equal protection attack due to the fact that it draws a distinction between "owners" of uninsured vehicles and "lessees" of such vehicles. The Court noted that MCLA 257.37 defines "owners" as lessees for periods longer than thirty days, and that the statutory distinction between owners and lessees for less than thirty days had not been raised-in the case at bar.
The Court also held that even if Plaintiff is defined as a "non-occupant," he is not entitled to PIP benefits from the other automobiles involved in the accident as provided in §3115, as Plaintiff sustained his bodily injuries due to the fact that his vehicle was parked in such a way as to cause unreasonable risk of injury within the terms of §3106(a) and as such Plaintiff must either turn to his own insurance company, if he has one, or suffer the consequences of §3113(b).
