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Parked Vehicle Exception to Receive Michigan No-Fault Benefits

Lawyer Commentary on No-Fault Statute: MCL 500.3106

Accidental bodily injury arising out of ownership, operation, maintenance, or use of parked vehicle as motor vehicle

Generally, personal injury suffered as a result of ownership, operation, maintenance or  use of a parked vehicle will not entitle a person to collect No-Fault insurance benefits.

However, there are three important exceptions under Michigan law, including:

  1. If the motor vehicle was parked in such a way as to cause unreasonable risk of the bodily injury that occurred.
  2. If the personal injury was a result of physical contact with equipment permanently mounted on the motor vehicle, while the equipment was being operated or used, or during the loading and unloading process.
  3. If the injury was sustained while a person was occupying, entering into or leaving the motor vehicle.

If one of the above exceptions apply, then an injured person may be able to recover No-Fault benefits even though his or her injury resulted from the ownership, operation, maintenance or use of a parked motor vehicle.

Significantly, none of these exceptions to the parked vehicle rule require that the injured person be inside a car or truck, have the engine on or even be touching the automobile.

Insurance 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 or truck crash and need help navigating your No-Fault insurance policy, please call one of our experienced attorneys for a free case evaluation at (800) 777-0028 or fill out our consultation form. There is absolutely no fee or obligation.

We are here to help you.

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