Off-road vehicle (ORV) and
ATV owners should be aware of an important change in the law that affects the rights of those injured in ORV accidents. The Michigan law on off-road vehicles, like ATVs, was changed on July 17, 2008 as it relates to Michigan No-Fault Insurance Benefits. The change in the law now excludes no-fault insurance benefits to injury victims in Off Road Vehicles unless the specific vehicle is registered for use on a public highway and has in effect the security provided by Michigan statute, MCL 500.3101(1) and other provisions.
With the exclusion of ORVs from the definition of motor vehicles through 2008 PA 241, ORV drivers and occupants will not be entitled to no-fault benefits for losses based on a single ORV accident or based on an accident in which two ORVs strike one another unless the ORV is licensed and has no-fault coverage under MCL 500.3101(1) or motorcycle coverage under MCL 500.3103. If an unlicensed and uninsured ORV is involved in an accident with a motor vehicle, the operator and occupants will be entitled to no-fault benefits in the same manner as a pedestrian, as a nonoccupant of the motor vehicle
The change in this law greatly affects those injured in ATV accidents. Prior to the change in the law, those accident victims could claim No-Fault insurance benefits which include medical expenses, lost wages, attendant care benefits, and other benefits. For questions about a specific ATV accident, you should contact a lawyer at our office immediately.
Category: Sports and Recreational Accidents
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