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MI SB0354

Bill

Status

Introduced

3/10/2009

Primary Sponsor

Raymond Basham

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Origin

Senate

95th Legislature

AI Summary

  • Increases the damage cap for motor vehicle property damage claims from $500 to $1,000, applicable when damages are not covered by insurance.

  • Restricts noneconomic loss (pain and suffering) recovery to cases involving death, serious impairment of body function, or permanent serious disfigurement.

  • Establishes that whether an injured person meets the serious impairment threshold is a question of law for the court, unless a factual dispute exists that is material to the determination or a physician testifies regarding possible serious neurological injury from a closed-head injury.

  • Applies comparative fault principles to damage awards, barring recovery for parties more than 50% at fault.

  • Directs property damage claims under $1,000 to be filed in small claims or district court, with cost assessments possible if a party removes the action to a 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

Referred To Committee On Economic Development And Regulatory Reform

3/10/2009

Committee Referrals

Economic Development & Regulatory Reform3/10/2009

Full Bill Text

No bill text available