Michigan Court of Appeals; Docket No. 77-4450; Published
Judges Gillis, D. E. Holbrook, and M. J. Kaufman; Unanimous; Per Curiam
Official Michigan Reporter Citation: 83 Mich App 596; Link to Opinion 
STATUTORY INDEXING:
Time Limitation on a Claimant Making a Claim Through the Assigned Claims Facility [§3174]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
In the first reported appellate court decision regarding a no-fault notice limitation question, the Court of Appeals held in a per curiam opinion that the one-year notice limitation controlling claims against the assigned claims facility (§3174) is not unconstitutional as a violation of due process or equal protection. In so holding the Court applied a traditional due process and equal protection analysis.
The Court observed that the general objective of the no-fault statute is to provide prompt relief for accident victims at the lowest cost possible. The Court felt that the one year notice requirement contributes to the low cost objective in that it helps to insure that claims can be settled while the evidence "remains fresh."
Judge Holbrook concurred in a separate opinion "in an effort to encourage" the formulation of some statewide procedure whereby the license plates of uninsured drivers would be confiscated so as to avoid cases where people have no insurance to cover automobile accident injuries.
