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Parked But Still Involved

Motor Vehicle Litigation / November 12, 2020

The unpublished opinion of Graves clarified Michigan’s requirement to maintain no-fault insurance in order to obtain no-fault benefits. It held that, even though Plaintiff was not actively driving the vehicle at the time of the collision, the vehicle must be insured during any time the owner of the vehicle expects and intends the vehicle to be driven on demand. The Court clarified that insurance would not be required while the vehicle was away for repairs or in storage, but while the owner has the vehicle available for use on demand, insurance must be maintained.

The Court also held that a vehicle is “involved” in an accident if it has more than a random association with the collision. Here, the Court found that Plaintiff’s attempt to use her vehicle as shelter from an incoming collision was enough to deem Plaintiff’s vehicle as involved in the collision. Despite the fact that Plaintiff never fully entered her vehicle or started it at the time the collision took place, Plaintiff’s use of the vehicle as a barrier to protect herself was enough to deem her vehicle as “involved” in the motor vehicle accident.

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