No-Fault PIP Benefits Owed to Injured Motorcyclist; Order of Priority
When a motorcyclist is injured in an accident involving a motor vehicle, the motorcyclist obtains personal injury protection (PIP) benefits according to the order of priority specified under MCL 500.3114 (5). First in the order of priority to pay is the insurer of the owner or registrant of the motor vehicle involved in the accident. Next is the insurer of the operator of the motor vehicle involved in the accident. Next is the motorcyclist’s own insurance, and so on down the line. But what happens if the PIP benefits available from the first- in- priority insurer are exhausted?
In a published Michigan Court of Appeals opinion, the Court ruled that an injured motorcyclist or his/her medical provider(s) may move down the priority list and claim additional benefits from a lower priority insurer that provides unlimited coverage.
In this unpublished case, the injured motorcyclist exhausted the $250,000 in PIP coverage available from the insurer in the highest order of priority. The motorcyclist’s medical providers then sought coverage from the motorcyclist’s own insurer which provided unlimited PIP. That insurer declined to pay. The Trial Court granted that insurer summary disposition.
In a case of first impression, the Michigan Court of Appeals ruled that a lower priority insurer whose policy provided unlimited PIP coverage may be liable for PIP benefits pursuant to the plain meaning of the statute. The ruling was that the Trial Court erred in summarily dismissing the PIP claim brought against the lower priority insurer.
Read entire case at:
Mary Free Bed Rehab. Hosp. v Esurance Prop. & Cas. Ins. Co.
About Alexander & Angelas, P.C.
Attorney Peter A. Angelas represents litigants in complex, high severity civil liability litigation across Michigan. His practice areas include automobile and trucking negligence claims, insurance litigation, premises liability, motor carrier liability, commercial litigation, construction defect litigation, insurance coverage disputes, emergency casualty response services, alternative dispute resolution, subrogationclaims, workers’ compensation, employment law, and marine liability.
Mr. Angelas practices in all state and federal courts in Michigan, including WayneCounty (Detroit), Macomb County (Mount Clemens), Oakland County (Pontiac),Washtenaw County (Ann Arbor), and Genesee County (Flint).
A 24/7 Emergency Hotline is available (800-219-0007). When an accident requires an immediate response to protect evidence, members of the firm quickly launch aninvestigation with the assistance of well-qualified accident investigators, crash re-constructionists, mechanical engineers, civil evidence photographers, and independent adjusters positioned throughout Michigan.
