Michigan No-Fault Insurance Coverage for Out-Of-State Accidents
Lawyer Commentary on No-Fault Statute: MCL 500.3111
Accidents occurring out of state, personal protection benefits
This No-Fault statute defines coverage for car accidents occurring outside of Michigan.
For any motor vehicle accident occurring outside of Michigan, an accident victim may still be entitled to the same No-Fault benefits payable, as long as the auto accident occurs within the United States, its territories and possessions, or Canada.
So long as the out-of-state accident occurs within the areas described above, Michigan No-Fault insurance benefits are available to the victim of that out-of-state car accident if any of the following circumstances apply:
- An auto accident victim was “at the time of the accident” the “named insured” on a Michigan No-Fault auto insurance policy.
- The victim “at the time of the accident” was “the spouse of a named insured” or “a relative of either domiciled in the same household.”
- The victim of an out-of-state car accident was an occupant of a vehicle involved in the crash and either he or she is a Michigan resident or the vehicle’s owner “was insured” under a Michigan No-Fault policy. (MCL 500.3111)
Therefore, an injured person need not be the driver of a car or truck or be listed under an insurance policy to receive No-Fault benefits.
This also applies to automobile accidents that occur in Michigan. Michigan No-Fault insurance benefits are available to an injured owner, spouse and any resident relative of a motor vehicle involved in an automobile accident within Michigan — unless that person is considered a “constructive owner.” A constructive owner means that person had such regular use (or the right to use) that car or truck, that under Michigan law, that person should also have been listed as a named insured or as someone having such access to that vehicle on the policy. If it can be shown a person is a constructive owner of a vehicle, then the insurance company can refuse to pay No-Fault benefits to that person. These cases have been recently expanded by the Michigan Supreme Court.
No-Fault Lawyers of Michigan Auto Law
The lawyers of Michigan Auto Law have been specializing in automobile No-Fault litigation for more than 50 years. If you have been injured in a car accident, truck accident or motorcycle accident and need help with your No-Fault insurance, please call one of our expert attorneys for a free case evaluation at (800) 777-0028 or fill out our consultation form. There is no fee or obligation.
We are here to help you.