October 12, 2017, Introduced by Reps. Marino, Lasinski, Frederick, LaGrand, Moss, Brinks, Camilleri, Wittenberg, Chang, Ellison, Green, Sabo, Liberati, Webber, Sneller, Sowerby, Pagan, Faris, Byrd, Yaroch, Hammoud, Scott, Geiss, Robinson, Gay-Dagnogo and Jones and referred to the Committee on Insurance.
A bill to amend 1956 PA 218, entitled
"The insurance code of 1956,"
by amending section 3135 (MCL 500.3135), as amended by 2012 PA 158.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3135. (1) A person remains subject to tort liability for
noneconomic loss caused by his or her ownership, maintenance, or
use of a motor vehicle only if the injured person has suffered
death, serious impairment of body function, or permanent serious
disfigurement.
(2)
For a cause of In an action for damages pursuant to for
tort liability that remains under subsection (1) filed on or after
July 26, 1996, all of the following apply:
(a) The issues of whether the injured person has suffered
serious impairment of body function or permanent serious
disfigurement are questions of law for the court if the court finds
either of the following:
(i) There is no factual dispute concerning the nature and
extent of the person's injuries.
(ii) There is a factual dispute concerning the nature and
extent of the person's injuries, but the dispute is not material to
the determination whether the person has suffered a serious
impairment of body function or permanent serious disfigurement.
However, for a closed-head injury, a question of fact for the jury
is created if a licensed allopathic or osteopathic physician who
regularly diagnoses or treats closed-head injuries testifies under
oath that there may be a serious neurological injury.
(b)
Damages shall must be assessed on the basis of comparative
fault,
except that damages shall must
not be assessed in favor of a
party who is more than 50% at fault.
(c)
Damages shall must not be assessed in favor of a party who
was operating his or her own vehicle at the time the injury
occurred and did not have in effect for that motor vehicle the
security required by section 3101 at the time the injury occurred.
(3) Notwithstanding any other provision of law, tort liability
arising
from the ownership, maintenance, or use within in this
state
of a motor vehicle with respect to for which the security
required by section 3101 was in effect is abolished except as to:
(a) Intentionally caused harm to persons or property. Even
though a person knows that harm to persons or property is
substantially certain to be caused by his or her act or omission,
the person does not cause or suffer that harm intentionally if he
or she acts or refrains from acting for the purpose of averting
injury to any person, including himself or herself, or for the
purpose of averting damage to tangible property.
(b) Damages for noneconomic loss as provided and limited in
subsections (1) and (2).
(c) Damages for allowable expenses, work loss, and survivor's
loss as defined in sections 3107 to 3110 in excess of the daily,
monthly, and 3-year limitations contained in those sections. The
party liable for damages is entitled to an exemption reducing his
or her liability by the amount of taxes that would have been
payable on account of income the injured person would have received
if he or she had not been injured.
(d) Damages for economic loss by a nonresident in excess of
the personal protection insurance benefits provided under section
3163(4). Damages under this subdivision are not recoverable to the
extent that benefits covering the same loss are available from
other sources, regardless of the nature or number of benefit
sources available and regardless of the nature or form of the
benefits.
(e)
Damages up to $1,000.00 of
not more than $5,000.00 to a
motor vehicle, to the extent that the damages are not covered by
insurance.
An action for damages under this subdivision shall must
be conducted as provided in subsection (4).
(4) All of the following apply to an action for damages under
subsection (3)(e):
(a)
Damages shall must be assessed on the basis of comparative
fault,
except that damages shall must
not be assessed in favor of a
party who is more than 50% at fault.
(b) Liability is not a component of residual liability, as
prescribed in section 3131, for which maintenance of security is
required by this act.
(c)
The action shall must be commenced, whenever legally
possible, in the small claims division of the district court or the
municipal court. If the defendant or plaintiff removes the action
to a higher court and does not prevail, the judge may assess costs.
(d) A decision of the court is not res judicata in any
proceeding to determine any other liability arising from the same
circumstances that gave rise to the action.
(e)
Damages shall must not be assessed if the damaged motor
vehicle was being operated at the time of the damage without the
security required by section 3101.
(5) As used in this section, "serious impairment of body
function" means an objectively manifested impairment of an
important body function that affects the person's general ability
to lead his or her normal life.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.