Injured? Contact Sinas Dramis for a free consultation.


Shavers v Attorney General, et al; (COA-PUB, 11/5/1975; RB #12)


Michigan Court of Appeals, Docket No. 21238-39,22918; Published   
Chief Judge Lesinski; (With J. Burns Concurring)   
Official Michigan Reporter Citation; 65 Mich App 355; Link to Opinion alt   

Compulsory Insurance Requirements for Owners or Registrants of Motor Vehicles Required to Be Registered [§3101(1)]
General / Miscellaneous [§3101]
General / Miscellaneous [§3102]
General / Miscellaneous [§3107]
Standards for Deductibility of State and Federal Governmental Benefits [§3109(1)]
PIP Benefit Deductibles [§3109(3)]
Disqualification for Nonresidents [§3113(c)]
General / Miscellaneous [§3116]
General / Miscellaneous [§3121]
General / Miscellaneous [§3123]
General / Miscellaneous [§3125]
General / Miscellaneous [§3127]
General / Miscellaneous [§3135]

Legislative Purpose and Intent    

The Michigan Court of Appeals reviewed Judge Gilmore's decision and held in the following way:

1.    It was inappropriate of Judge Gilmore to grant a declaratory judgment regarding the following sections of the no-fault law: §3107(b) - Replacement Services; §3109(3) - Empowering the Insurance Commissioner to Approve Deductibles in Excess of $300; §3109(1) - Deduction for Governmental Benefits; §3113(c) -and §3102(1) - non-resident transient motorists; and §3116 - Reimbursement of PIP benefits.

2.    The strict scrutiny test was not properly applied by Judge Gilmore.

3.    The provisions of §3135 which abolish tort recovery for most personal injuries is not unconstitutional.

4.    The exclusion of motorcycles from the compulsory insurance requirements of the act pursuant to §3102 (2) was not violative of equal protection. The act's failure to extend benefits to motorcycles was improperly heard by the trial court, however.

5.    The property protection insurance sections, §3121, §3123, §3125, and §3127, constitute an unconstitutional distinction without a reasonable basis. These sections are severable and are hereinafter void and of no force in this state.

Michigan auto accident attorney Stephen Sinas is the lead editor of the appellate case summaries published on this site regarding the Michigan auto insurance law. To learn more about how Stephen Sinas and how the Sinas Dramis Law Firm can help you if you have been injured in a Michigan auto accident, visit

Copyright © 2024  Sinas Dramis Law Firm, George Sinas, Stephen Sinas.
All Rights Reserved.
Login (Publishers Only)