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MI HB5102

Bill

Status

Introduced

10/12/2017

Primary Sponsor

Steven Marino

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Origin

House of Representatives

99th Legislature

AI Summary

  • Increases the damage limit for motor vehicle property damage claims (mini-tort) from $1,000 to $5,000 under section 3135(3)(e) of the Insurance Code.

  • Requires damages to be assessed on a comparative fault basis, with no recovery allowed for parties more than 50% at fault in motor vehicle injury cases.

  • Restricts noneconomic damage recovery to cases involving death, serious impairment of body function, or permanent serious disfigurement; defines "serious impairment of body function" as an objectively manifested impairment affecting a person's general ability to lead their normal life.

  • Makes questions of whether an injured person suffered serious impairment or disfigurement questions of law for the court when there is no factual dispute or when disputes are immaterial, except for closed-head injuries where physician testimony creates a question of fact for the jury.

  • Eliminates most tort liability for vehicles with required security in effect, except for intentional harm, noneconomic damages meeting the threshold, economic losses, and vehicle property damage claims; takes effect 90 days after enactment.

Legislative Description

Insurance; no-fault; mini-tort liability for damages to motor vehicles; increase limit. Amends sec. 3135 of 1956 PA 218 (MCL 500.3135).

Insurance: no-fault

Last Action

Bill Electronically Reproduced 10/12/2017

10/17/2017

Committee Referrals

Insurance10/12/2017

Full Bill Text

No bill text available