The Michigan Court of Appeals recently held that the Detroit Medical Center was entitled to recover from an insurance company the medical expenses it incurred in treating an injured driver because the injured driver was not the “owner” of the uninsured vehicle she was driving at the time of the accident. Under M.C.L. 500.3113 of the Michigan No-Fault Insurance Act, a person is not entitled to personal protection benefits if they are the owner of an uninsured vehicle involved in a motor vehicle accident.
The court of appeals agreed with the trial court that the injured accident victim, Jiminez, was not the owner of the uninsured vehicle involved in this case based on the following facts:
[I]t was established that Gonzalez had title to the car and cancelled the insurance; he was the father of Jimenez’s two children and may have lived with her; the car was kept at Jimenez’ residence; she used the vehicle, primarily for grocery shopping, approximately seven times over the course of about a month; she had to get permission and the keys from Gonzalez to use the vehicle, although permission may never have been denied; she put gasoline in the car but Gonzalez was otherwise responsible for maintenance; and he had stopped using the vehicle, as he had use of another.
The court of appeals further explained that Jiminez did not have a use of the vehicle for a period greater than 30 days, and that there was no transfer of right of use but, rather, “simply an agreement to periodically lend.” “The permission was not for a contiguous 30 days, but sporadic,” the court added. Although the car was kept at Jimenez’ residence, the court pointed out that there was no evidence that Jimenez had “regular” use of the car. “Also, . . . Jimenez did not believe she had any right of ownership and she did not have unfettered use. She had to ask permission and had to be given the keys.”
The full opinion can be read here.
What does this case mean for auto accident victims in Michigan? If an uninsured car is involved in the accident, you can bet the insurance company will try to show that the injured victim was the owner of it so it will not have to pay out no-fault insurance benefits. If you are involved in an accident in which you were driving an uninsured vehicle, you must consult with an expert Michigan auto accident lawyer to see if, based on your particular facts, you can be considered as the “owner” of the uninsured vehicle.
Contact us to set up a free legal consultation with an expert Michigan car accident attorney.
