Until The Wheels Fall Off: Uninsured Motorcyclist May Recover Damages for Tort Claim
No-Fault Newsline 04/20/2018
It is settled law that a claimant injured while operating a motor vehicle that is owned by them and uninsured in violation of MCL 500.3101 is not entitled to recover damages. However, Brickey et al v McCarver and CR Motors of Adrian, published opinion of the Court of Appeals, issued April 17, 2018 (Docket No. 337448), confirms that a motorcycle is not a “motor vehicle” as interpreted by the Michigan no-fault statute. Accordingly, an uninsured motorcyclist is able to bring a successful tort claim.
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