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Coverage for Injury arising out of a Parked Vehicle

Serafini, Michalowski, Derkacz & Associates

The Michigan No Fault law provides that if the motor vehicle involved in an accident is a parked vehicle, the injury will not be viewed as arising out of the ownership, operation, maintenance, or use of a motor vehicle unless one of the following 3 circumstances exists:

  • The vehicle was parked in a way that caused an unreasonable risk of the injury that occurred.
  • The injury occurred either as a direct result of physical contact with the equipment permanently mounted on the vehicle or while the equipment was being operated or used, or the injury occurred while property was being lifted onto or lowered from the vehicle in the loading or unloading process. OR
  • The injury occurred while a person was occupying, entering, or alighting from the vehicle.

However, the parked vehicle exclusion does not apply in cases in which the injury occurred while maintenance was being performed on a motor vehicle or that arose from contact between a parked vehicle and a moving vehicle.

Related Posts: An Overview of the Personal Injury Process, Why You Should Report All Drivers On Your Car Insurance, No-Fault Insurance Change, One Step Closer to Justice for Grieving Family

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