You Stole a Vehicle and Got Yourself Injured in a MVA; Can You Recover No-Fault Benefits?
In a recent Michigan Court of Appeals decision in Pena-Cruz v. State Farm Mut. Auto. Ins. Co., the appellate court considered the trial court’s decision on defendant insurance company’s Motion for Summary Disposition. The trial court had denied the motion to dismiss. The issue was whether plaintiff had permission to use the vehicle at the time of the accident in the context of MCL 500.3113(a) which bars a person from receiving no-fault benefits if, at the time of the accident, they were using a vehicle that ‘was taken unlawfully” and the person claiming the benefits knew or should have known that the vehicle was taken unlawfully. What constitutes “unlawfully taken” was analyzed.
The Plaintiff was driving a vehicle owned by his ex-wife who gave Plaintiff’s son permission to drive the vehicle, not the Plaintiff. The Plaintiff argued that only violations of the Michigan Penal Code can constitute an “unlawful taking” under MCL 500.3113(a). However, this argument was rejected as the text of that statute applies to all “unlawful taking,” not just takings in violation of the Michigan Penal Code. The Plaintiff had tried to argue that express permission from the owner is not required for a taking to be lawful. Although the appellate court agreed with that statement, express permission from the owner of the motor vehicle is only one factor to consider when determining whether a person’s taking was lawful or not. The appellate court ultimately reversed the trial court and remanded the case for entry of an order granting summary disposition, ruling that there was no remaining question of fact.
MCL 500.3113(a) precludes payment of no-fault benefits to a claimant who has unlawfully taken the vehicle occupied at the time of loss. A lack of charges or a conviction is not the sole criteria.
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Alexander & Angelas, P.C. represents defendants in civil liability litigation across Michigan and Northern Ohio. The firm’s practice areas include insurance defense litigation, premises liability, motor carrier (trucking) defense, corporate and commercial litigation, construction defect litigation, auto negligence, insurance coverage disputes, emergency casualty response services, alternative dispute resolution, subrogation claims, workers’ compensation, employment law, and liquor liability.
Attorneys practice in all state and federal courts in Michigan, including Wayne County (Detroit), Macomb County (Mount Clemens), Oakland County (Pontiac), Washtenaw County (Ann Arbor), and Genesee County (Flint). Legal services are also provided in Northern Ohio. Since its founding in 1992, the firm has litigated over 4,000 civil cases.
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