Michigan Compiled Laws Act 198 Of 1965 Motor Vehicle Accident Claims Act (257.1101 - 257.1133)

• Section 257.1101 Motor Vehicle Accident Claims Act; Short Title.
  This act shall be known and may be cited as the “motor vehicle accident claims act”. History: 1965, Act 198, Eff. Nov. 1, 1965
• Section 257.1102 Definitions.
  As used in this act: (a) "Secretary" means the secretary of state acting as director of the fund. (b) "Treasurer" means the state treasurer...
• Section 257.1103 Motor Vehicle Accident Claims Fund; Financial Statement; Audit; Deposits Or Investments; Reversion Of Unexpended Moneys; Powers Of Commissioner Of Insurance; Report; Annual Statement; Examination Of Records; False Evidence Of Insurance As Misdemeanor; Use Of Records Or Information; Prohibition; Penalty.
  (1) There shall be a fund to be known as the motor vehicle accident claims fund. A detailed financial statement of the condition of...
• Section 257.1103a Transfer Of Cash To General Fund; Reimbursement.
  (1) Upon the effective date of this amendatory act, the state treasurer is authorized to transfer the sum of $20,000,000.00 from the motor vehicle...
• Section 257.1104 Repealed. 1980, Act 459, Imd. Eff. Jan. 15, 1981.
  Compiler's Notes: The repealed section pertained to evidence of insurance.
• Section 257.1105 Service Of Process; Secretary Of State As Agent; Procedure; Failure To Serve As Bar To Recovery; Intervention; Exception; Limitation On Payment.
  The secretary is deemed to be an agent of the owner or operator of every uninsured motor vehicle for service of process in an...
• Section 257.1106 Death Or Injury By Uninsured Motorist; Application For Payment From Fund; Disputing Liability; Payment; Subrogation; Suspension; Default In Payments.
  (1) Where the death of or personal injury or property damage to any person or property is occasioned in this state by an uninsured...
• Section 257.1107 Judgment For Damages Caused By Uninsured Motorist; Application For Payment; Notice To Applicant Of Objection To Payment; Action Against All Defendants.
  (1) Subject to section 8, where a person recovers in any court in this state a judgment for damages on account of injury to...
• Section 257.1108 Default Judgment; Notice To Secretary Of State; Reopening; Settlements.
  (1) Section 7 does not apply in the case of a judgment entered in an action in which the defendant did not enter an...
• Section 257.1109 Prerequisite To Payments From Fund; Settlement Of Claim.
  The secretary shall not pay out of the fund any sum under section 7 until the judgment creditor assigns the judgment to him. The...
• Section 257.1110 Suspension Of Licenses; Reinstatement, Conditions.
  Where the secretary pays out of the fund any amount in satisfaction of a judgment, the operator's or chauffeur's license and vehicle registration or...
• Section 257.1111 Default In Installment Payment; Suspension Of Licenses.
  When a person is in default of any installment payment for a period of 10 days, or fails to maintain proof of financial responsibility...
• Section 257.1112 Death Or Injury By Unidentified Vehicle Or Driver; Action Against Fund; Condition Precedent.
  Where the death of or personal injury to any person is occasioned in this state by a motor vehicle but the identity of the...
• Section 257.1113 Death Or Injury By Unidentified Vehicle Or Driver; Adding Secretary As Defendant; Condition.
  Where an action has been commenced in respect of the death of or injury to any person occasioned in this state by a motor...
• Section 257.1114 Repealed. 1967, Act 274, Imd. Eff. July 20, 1967.
  Compiler's Notes: The repealed section pertained to motor vehicle accident claims act trial when secretary of state is defendant.
• Section 257.1115 Death Or Injury By Stolen Vehicle; Action Against Secretary Of State.
  When the death of or personal injury or property damage to any person or property is occasioned in this state by a motor vehicle...
• Section 257.1116 Death Or Injury By Stolen Vehicle; General Denial By Secretary Of State.
  In an action against the secretary, he may deny generally the allegations in respect to the unidentified motor vehicle and unidentified owner and driver...
• Section 257.1117 Death Or Injury By Stolen Vehicle; Judgment Against Secretary Of State, Prerequisites.
  In an action against the secretary, a judgment against him shall not be granted unless the court in which the action is brought is...
• Section 257.1118 Recovery Against Fund; Limitation Of Action; Notice.
  In all actions in which recovery is to be sought against the fund, said action must be commenced within 3 years from the time...
• Section 257.1119 Judgment Against Secretary Of State; Payment; Property Damage Payment.
  Where judgment is obtained against the secretary upon the determination of all proceedings, including appeals, the secretary, subject to the limitations provided in this...
• Section 257.1120 Judgment Against Secretary Of State; Application For Order Identifying Owner Or Driver Of Motor Vehicle; Order, Effect.
  Where judgment has been obtained against the secretary, he may apply at any time thereafter to the court where judgment has been obtained for...
• Section 257.1121 Judgment Against Secretary Of State; Secretary Not Personally Liable To Satisfy Judgment.
  In an action brought against the secretary, he is not personally liable to satisfy a judgment obtained in the action. History: 1965, Act 198,...
• Section 257.1122 Payment From Fund; Prohibited When Damages Paid Or Payable From Insurance.
  (1) No payment shall be made out of the fund for payment of damages arising out of motor vehicle accidents occurring in this state...
• Section 257.1123 Payments For Injury, Death, Or Property Damage; Limitations; Recovery Of Excess Payments.
  (1) In respect to applications under this act for payment of damages arising out of motor vehicle accidents occurring in this state on or...
• Section 257.1124 Residence; Date Of Determination.
  In this act, residence shall be determined as of the date of the motor vehicle accident as a result of which the damages are...
• Section 257.1125 Nonresident; Payment From Fund Prohibited, Exception.
  The secretary shall not pay out of the fund any amount in favor of a person who resides outside of this state unless the...
• Section 257.1126 Administration Of Act By Secretary Of State; Employment Of Assistants; Use Of Staff Of Attorney General; Wages And Professional Fees, Payment.
  The secretary may employ such office, clerical and professional help and claims investigators as is necessary to carry out the provisions of this act....
• Section 257.1127 Administration Of Act; Costs, Payment; Appropriation.
  All costs incurred by the secretary in the administration of this act shall be charged to and paid from the fund. There is appropriated...
• Section 257.1128 Claims Or Actions Against Fund; Limitation.
  All claims or actions under which any person seeks to recover from the fund shall be filed or commenced within 3 years from the...
• Section 257.1129 Coverage By Workmen's Compensation Law; Recovery From Fund; Exception.
  Any person covered with respect to such injury or death by workmen's compensation law or the personal representative of such person shall not be...
• Section 257.1130 Practice And Procedure In Courts Where Application Made; Appeals.
  The practice and procedure of the supreme court or the court in which the application or action is brought, including the right of appeal...
• Section 257.1131 Effective Date Of Act.
  This act shall become effective November 1, 1965. History: 1965, Act 198, Eff. Nov. 1, 1965
• Section 257.1132 Total Loss Of Vehicle; Surrender Of Title, Junking.
  When payment is made for property damage to a vehicle which payment represents the total value of the vehicle less the $200.00 deductible the...
• Section 257.1133 Act Inapplicable To Accidents Occurring After January 2, 1976.
  This act does not apply to accidents occurring after the effective date of this amendatory act. History: Add. 1975, Act 322, Imd. Eff. Jan....

Last modified: October 10, 2016