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MI HB5211
Bill
Status
1/8/2014
Primary Sponsor
Bill LaVoy
Click for details
AI Summary
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Amends Michigan Insurance Code section 3135 to expand the mini-tort provision to include motorcycles, allowing damages up to $1,000 for motorcycle damage caused by uninsured or underinsured motorists.
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Allows tort liability for noneconomic loss (pain and suffering) only if the injured person has suffered death, serious impairment of body function, or permanent serious disfigurement.
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Restricts damages based on comparative fault, preventing recovery by any party more than 50% at fault, and bars damages for parties operating vehicles without required security (insurance).
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Establishes that serious impairment of body function is determined by the court as a matter of law in most cases, unless factual disputes exist that are material to the determination, with a specific exception for closed-head injuries requiring physician testimony.
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Requires mini-tort actions for vehicle or motorcycle damage to be filed in small claims or municipal court whenever possible, with costs potentially assessed against defendants or plaintiffs who remove cases to higher courts without prevailing.
Legislative Description
Insurance; no-fault; mini-tort provision; expand to include motorcycles. Amends sec. 3135 of 1956 PA 218 (MCL 500.3135).
Vehicles, motorcycles
Last Action
Printed Bill Filed 01/09/2014
1/9/2014