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MI HB4329
Bill
Status
2/18/2009
Primary Sponsor
Michael Lahti
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AI Summary
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Increases the cap on motor vehicle property damage claims (mini-tort) from $500 to $1,000, applying to damages not covered by insurance.
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Maintains tort liability restrictions for noneconomic losses, requiring injured persons to demonstrate death, serious impairment of body function, or permanent serious disfigurement to recover.
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Establishes that courts determine whether serious impairment or disfigurement exists as questions of law when there is no material factual dispute, except for closed-head injuries where physician testimony creates a jury question.
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Requires damages be assessed on comparative fault basis, with no recovery for parties more than 50% at fault or those operating uninsured vehicles.
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Directs mini-tort actions to be filed in small claims division of district or municipal court whenever possible, with cost assessments available if defendants or plaintiffs remove to higher court without prevailing.
Legislative Description
Insurance; no-fault; mini-tort recovery; increase cap. Amends sec. 3135 of 1956 PA 218 (MCL 500.3135).
Insurance, no-fault
Last Action
Printed Bill Filed 02/19/2009
2/19/2009