Michigan Court of Appeals; Docket No. 239585; Unpublished
Judges Zahra, Talbot, and Owens; 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)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals reversed the trial court determination that plaintiff was entitled to no-fault benefits in a case where plaintiff was driving a vehicle without insurance at the time it was struck from behind.
Farmers relied upon MCL 500.3113(b) which precludes payment of no-fault benefits if at the time of the accident the person injured was the “owner or registrant of a motor vehicle or motorcycle involved in the accident with respect to which the security required by section 3101 or 3103 was not in effect.”
The only question on appeal was whether plaintiff’s vehicle was “involved” in the accident when it was fully stopped at the traffic signal at the time it was rear-ended.
The Court of Appeals held that the issue of whether a vehicle was involved in an accident within the meaning of 3113(b) is a question of law. For a motor vehicle to be involved in an accident, it must actively contribute to the accident. Turner v Auto Club Insurance Association, 448 Mich 22 (1995). There must be an active link between the injury and the use of the motor vehicle as a motor vehicle. Turner, supra.
The Court of Appeals held that because plaintiff’s car was stopped at a traffic light, in use as a motor vehicle, rather than a stationary object, it was involved in the accident and therefore coverage was precluded. The decision of the trial court was therefore reversed.
