Parked Vehicle Exclusion

Parked Vehicle Exclusion to Recovering Michigan PIP Benefits

Under the Michigan No-Fault Insurance Act, PIP benefits are not payable when an injury involves a parked vehicle, unless a claim fits into one of three possible statutory exceptions.

What is a Parked Vehicle?

The Michigan No-Fault Insurance Act does not define what a “parked vehicle” is. While in many cases, it will be obvious whether a vehicle was “parked,” there are many cases when it won’t be. For this reason, it is important to consult with an expert Michigan car accident attorney.

Note: There is an a “Maintenence” exception for parked vehicles. Under this exception, if an injury arises from a truly vehicle maintence situation, then the parked vehicle exclusion will not apply. There are many cases that have interpreted this exception. It’s best to ask an expert Michigan car accident attorney whether the maintence exception applies to your PIP benefits claim.

The First Exception — Unreasonably Parked Vehicles

Under the Michigan No-Fault Insurance Act, M.C.L. 500.3106(1)(a), the parked vehicle exlusion does not apply if:

The vehicle was parked in such a way as to cause unreasonable risk of the bodily injury which occurred.

There is a lot of case law on this exception that an expert Michigan car accident attorney would be familiar with.

The Second Exception — Contact with Vehicle Equipment or Property During Loading/Unloading

Section 3106(1)(b) lays out the second exception to the parked vehicle exclusion rule:

[T]he injury was a direct result of physical contact with equipment permanently mounted on the vehicle, while the equipment was being operated or used, or property being lifted onto or lowered from the vehicle in the loading or unloading process.

Again with regard to this exception to the parked vehicle exclusion rule, there is a lot of case law that interprets this exception that an expert Michigan car accident lawyer would be familiar with.

The Third Exception — Occupying, Entering Into and Alighting

The final exception to the parked vehicle exclusionary rule is found in Section 3106(1)(c), and states:

[T]he injury was sustained by a person while occupying, entering into, or alighting from the vehicle.

Because Michigan courts are always interpreting what it means to be occupying, entering into or alighting from a vehicles, it’s best to seek advice from an expert Michigan car accident attorney.

If you or someone you know was recently injuried in a car accident and you would like to know your rights and what you are entitled to collect, please set up a free case review with one of the leading expert car accident law firms in Michigan.