Under Michigan law, a person may be entitled to Michigan No-Fault Insurance benefits if they are injured when getting in of or out of their parked motor vehicle. The specific language of the statute states, in part: “the injury was sustained by a person while occupying, entering into, or alighting from the vehicle.” This does not apply and a person is not entitled to benefits under this section if they are in the course of their employment. MCL 500.3106(2)(b). This area of the law is constantly changing and evolving and an attorney should be contacted to discuss all potential cases.
The injury itself must be accidental and must arise out of the ownership, operation, maintenance, or use of a motor vehicle as a motor vehicle. MCL 500.3101 and MCL 500.3105. Unfortunately, a motorcycle is not considered a motor vehicle under the No-Fault Act, so the injured person would not be entitled to benefits under these circumstance.
Even if a person slips and falls on snow while getting in or out of their vehicle, they may be entitled to No-Fault benefits, as long as there was an intent to enter the vehicle and there was actual physical contact with the vehicle. If a person is exiting their vehicle and there is no physical contact with the vehicle, then they most likely would not be entitled to benefits, as the act of exiting the vehicle had already been accomplished.
Do I have a Michigan No-Fault Insurance claim?
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