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Is Plaintiff Operating a Vehicle? The Answer to this Question is an Important One

Motor Vehicle Litigation / January 19, 2023

The plain language of MCL 500.3135(2)(c) requires that a plaintiff operate his or her own vehicle at the time the injury occurs. This case demonstrates that this analysis has not changed. Defendants must show that Plaintiff operated his own vehicle at the time his injury occurred.

 In this case, the Court held that there was a question of fact as to whether Plaintiff was operating his vehicle at the time of his injury since the vehicle was motionless on the side of the road when it was hit.

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