Michigan Court of Appeals; Docket #287084; Unpublished
Judges Murray, Markey, and Borrello; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
STATUTORY INDEXING:
Compulsory Insurance Requirements for Owners or Registrants of Motor Vehicles Required to be Registered [3101(1)]
Disqualification for Uninsured Owners or Registrants of Involved Motor Vehicles or Motorcycles [3113(b)]
Exclusion for Vehicles Considered Parked [3106(1)]
Exception for Unreasonably Parked Vehicles [3106(1)(a)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, decided without oral argument, the Court of Appeals affirmed partial summary disposition for plaintiff, finding that although plaintiff’s vehicle was uninsured, he was entitled to personal injury protection benefits because he was injured when the vehicle was not parked in such a way as to cause an unreasonable risk of injury.
The accident in this case occurred when plaintiff moved his uninsured vehicle because he was afraid his ex-girlfriend was going to attempt to vandalize it. As plaintiff was moving the vehicle, his ex-girlfriend followed in her truck. Plaintiff stopped at a stop sign and the ex-girlfriend pulled up behind plaintiff and bumped the vehicle with her truck. Plaintiff parked the vehicle and got out in order to evaluate the damage to his vehicle. As plaintiff was standing behind the vehicle, his ex-girlfriend struck plaintiff with her truck, pinning him between her truck and his vehicle. When she reversed her truck, plaintiff collapsed to the ground and the ex-girlfriend fled the scene.
Because plaintiff did not have no-fault insurance, he applied to the Assigned Claims Facility for no-fault coverage. Defendants were assigned plaintiff’s claim and plaintiff filed this declaration action.
On appeal, the Court of Appeals noted that a person who fails to insure a vehicle at the time the vehicle is involved in an accident is not entitled to PIP benefits under MCL 500.3113(b). However, a parked vehicle is not involved in an accident for purposes of §3113(b) unless under MCL 500.3106(1)(a), the vehicle was parked in such a way as to cause unreasonable risk of bodily injury. In this case, plaintiff’s vehicle was parked at a stop sign in a residential area during daylight hours, where the speed limit was 25 mph. Under these circumstances, the Court of Appeals held that plaintiff’s vehicle was not parked in such a way as to cause an unreasonable risk of injury. The court stated that the low speed limit and natural daylight would have allowed oncoming drivers adequate time to safely maneuver around the vehicle. Moreover, the court stated, persons traveling on that portion of the road would be forced to slow their vehicle due to the stop sign and eventually come to a complete stop, even though plaintiff’s van was there. In this regard, the court stated:
“Here, plaintiff’s van was parked at a stop sign during daylight conditions in a residential neighborhood where the speed limit was 25 miles per hour. We hold that plaintiff’s van was not parked in such a way as to cause an unreasonable risk of injury. The relatively low speed limit and natural daylight would have provided oncoming traffic adequate time to safely maneuver around plaintiff’s van. Moreover, persons traveling on that portion of Arlene Avenue would be forced to slow their vehicle in anticipation of the stop sign and eventually come to a complete stop regardless of whether plaintiff’s van was there.”
