What happens if an unreasonably parked vehicle causes an accident in the State of Michigan? Let us look at your rights if it happens to you.
We have already discussed the legal provisions that apply to unreasonably parked vehicles, such as:
MCL 500.3106(1) Unreasonably Parked Vehicles
(1) “Accidental bodily injury does not arise out of the ownership, operation, maintenance, or use of a parked vehicle as a motor vehicle unless any of the following occur:”
(a) “The vehicle was parked in such a way as to cause unreasonable risk of the bodily injury which occurred.”
(b) Except as covered by workers’ compensation, “the 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.”
(c) Except as covered by workers’ compensation, “the injury was sustained by a person while occupying, entering into, or alighting from the vehicle.”
MCL 500.3106(2) Course of Employment Parked Vehicles
(2) “Accidental bodily injury does not arise out of the ownership, operation, maintenance, or use of a parked vehicle as a motor vehicle” if benefits are available under workers’ compensation to an employee who suffers an injury during his employment while doing either:
(a) “Loading, unloading, or doing mechanical work on a vehicle unless the injury arising from the use or operation of another vehicle. . . ‘[A]nother vehicle does not include a motor vehicle being loaded on, unloaded from, or secured to, as cargo or freight, a motor vehicle.”
(b) “Entering into or alighting from the vehicle unless the injury was sustained while entering into or alighting from the vehicle immediately after the vehicle became disabled. This subdivision shall not apply if the injury arose from the use or operation of another vehicle.”
What happens if your vehicle is involved in an accident while parked?
There are three circumstances where you can claim benefits from your insurance through the no-fault system in Michigan and they are the following:
- The motor vehicle was “parked in such a way as to cause unreasonable risk of the bodily injury that occurred.” (MCL 500.3106(1)(a))
- The victim’s “injury was a direct result of physical contact with equipment permanently mounted on the vehicle, while the equipment was being operated or used,” or during “the loading and unloading process.” (MCL 500.3106(1)(b))
- The victim’s “injury was sustained” he or she was “occupying, entering into, or alighting from the vehicle.” (MCL 500.3106(1)(c))
You should pay attention to the wording that defines the unreasonable risk of bodily injury as it is very different from unreasonably parked vehicles.
In a 2004 opinion in Stewart v. State of Michigan, a unanimous Michigan Supreme Court said that an “unreasonable risk” was required: “The statutory language does not create a rule that whenever a motor vehicle is parked entirely or in part on a traveled portion of a road, the parked vehicle poses an unreasonable risk, factors such as the manner, location, and fashion in which a vehicle is parked are material to determining whether the parked vehicle poses an unreasonable risk.”
Hence, it is the unreasonably risky part that matters and not the unreasonably parked vehicle that gets any right to compensation. You should keep this in mind, especially during this holiday season.
Get Proper Coverage
In case of doubt, keep in mind that it is your no-fault insurance provider who would ultimately pay for your medical bills. As long as you get unlimited or no-limit coverage, you should be properly covered at a time when you need the best kind of coverage for your health and safety.
Contact Your Lawyer Today
If you have an insurance claim that you need assistance with, you should contact us today. A lawyer can help you get started with your claim. A lawyer at Haque Legal will see to it that your needs are met from the beginning to the end of the proceedings. You are always in good hands with Haque Legal and what it has to offer.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out
If you are having trouble filing an insurance claim, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.
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