MOTOR VEHICLE ACCIDENT CLAIMS ACT
Act 198 of 1965
257.1107 Judgment for damages caused by uninsured motorist; application for payment; notice to applicant of objection to payment; action against all defendants.
Sec. 7.
(1) Subject to section 8, where a person recovers in any court in this state a judgment for damages on account of injury to or the death of any person or property damage occasioned in this state by an uninsured motor vehicle owned or operated by the judgment debtor within this state, upon the determination of all proceedings, including appeals, he may make application, in the form prescribed by the secretary and the secretary shall pay the amount of the judgment or of the unsatisfied portion thereof, subject to the limitations provided in this act with respect to death or personal injury and the amount of the judgment or of the unsatisfied portion thereof, in excess of $200.00, with respect to property damage out of the fund.
(2) Where an application is made under this section, the secretary, at any time within 30 days of the receipt of the application, may give written notice to the applicant of any objection to payment of such judgment or any part of it. Where the secretary gives the notice the applicant may apply to the court entering judgment for a finding or determination in respect of any matter in connection with the application for payment out of the fund.
(3) The secretary shall not pay out of the fund any amount in respect of a judgment unless the judgment was given in an action brought against all persons against whom the applicant might reasonably be considered as having a cause of action in respect of the damages in question and prosecuted against every such person to judgment or dismissal.
History: 1965, Act 198, Eff. Nov. 1, 1965 ;-- Am. 1965, Act 389, Imd. Eff. Oct. 25, 1965
Notes of Decisions
Cited in
17
cases, 1969–1981 · leading case:
Bowser v. Jacobs, 194 N.W.2d 110 (Mich. Ct. App. 1971).
Bowser v. Jacobs, 194 N.W.2d 110 (Mich. Ct. App. 1971).
· cites it 15× “Louisiana Through the Charity Hospital of Louisiana at New Orleans Board of Administrators, supra (a law authorizing legitimate children, but precluding illegitimate children, from suing for the wrongful death of their mother is not rational and the classification is invidious.”
Lisee v. Sec'y of State, 199 N.W.2d 188 (Mich. 1972).
· cites it 6× “*47 Defendant contends that section 7 (3) of the Motor Vehicle Accident Claims Act (MCLA 257.1107; MSA 9.2807), bars plaintiffs Lisee from recovery because of the voluntary dismissal entered as to Eischer.”
Steele v. Wilson, 185 N.W.2d 417 (Mich. Ct. App. 1971).
· cites it 6× “(MCLA § 257.1107 [3] [Stat Ann 1968 Rev § 9.”
Moore v. Baugh, 308 N.W.2d 698 (Mich. Ct. App. 1981).
· cites it 2× “35 and, on April 5, 1976, plaintiffs executed an assignment of judgment to the Secretary of State pursuant to MCL 257.1107(1); MSA 9.2807(1) and MCL 257.”
Lisee v. Sec'y of State, 189 N.W.2d 50 (Mich. Ct. App. 1971).
· cites it 2× “MCLA §257.1107(3) (Stat Ann 1968 Rev § 9.”
Castro v. Goemaere, 218 N.W.2d 395 (Mich. Ct. App. 1974).
· cites it 6× “" MCLA 257.1107(1); MSA 9.2807(1). Other administrative agencies and acts have the express power of setoff; [4] thus the absence of an express grant in the Motor Vehicle Accident Claims Act is not insignificant.”
Dillon v. Sec'y of State, 233 N.W.2d 96 (Mich. Ct. App. 1975).
“"The applicable sections of the statutes read as follows: "`MCLA 257.1107 *596 "` Section 7 (1) * * * where a person recovers in any court in this state a judgment for damages on account of injury to or the death of any person or property damage occasioned in this state by an…”
Brunner v. Sec'y of State, 210 N.W.2d 786 (Mich. Ct. App. 1973).
“Representatives of the fund contested liability, claiming that plaintiffs, by virtue of their private settlements with the other potential defendants, had failed to satisfy the MCLA 257.1107(3); MSA 9.2807(3) requirement that they bring an action "against all persons against…”
Green v. Blicharski, 188 N.W.2d 113 (Mich. Ct. App. 1971).
· cites it 2× “They thereafter filed a motion pursuant to MCLA § 257.1107 (Stat Ann 1968 Rev § 9.2807) to compel payment from the fund for the sum of $10,447, being the difference between the amount of the circuit court judgment and the arbitration award already obtained by plaintiffs.”
Forsee v. Kohari, 168 N.W.2d 455 (Mich. Ct. App. 1969).
“5 MOLA § 257.1107 (Stat Ann 1968 Rev § 9.2807). 6 This error appears to have been predicated by a misconstruction of common pleas court rule 19, subsection 5, as it applies to a defendant who appeared in propria persona.”
Sec'y of State v. Greco, 271 N.W.2d 291 (Mich. Ct. App. 1978).
· cites it 2× “Plaintiffs assigned these judgments to the Secretary who satisfied those judgments from the MVACF pursuant to MCL 257.1107; MSA 9.2807. On March 3, 1977, Mary Greco obtained a consent judgment against an uninsured motorist in the amount of $17,500 for damages arising from a…”
— Mich. Comp. Laws § 257.1107(1) — 3 cases
Moore v. Baugh, 308 N.W.2d 698 (Mich. Ct. App. 1981).
“35 and, on April 5, 1976, plaintiffs executed an assignment of judgment to the Secretary of State pursuant to MCL 257.1107(1); MSA 9.2807(1) and MCL 257.”
Castro v. Goemaere, 218 N.W.2d 395 (Mich. Ct. App. 1974).
“" MCLA 257.1107(1); MSA 9.2807(1). Other administrative agencies and acts have the express power of setoff; [4] thus the absence of an express grant in the Motor Vehicle Accident Claims Act is not insignificant.”
— Mich. Comp. Laws § 257.1107(2) — 4 cases
Castro v. Goemaere, 218 N.W.2d 395 (Mich. Ct. App. 1974).
“" MCLA 257.1107(1); MSA 9.2807(1). Other administrative agencies and acts have the express power of setoff; [4] thus the absence of an express grant in the Motor Vehicle Accident Claims Act is not insignificant.”
Sec'y of State v. Greco, 271 N.W.2d 291 (Mich. Ct. App. 1978).
“Plaintiffs assigned these judgments to the Secretary who satisfied those judgments from the MVACF pursuant to MCL 257.1107; MSA 9.2807. On March 3, 1977, Mary Greco obtained a consent judgment against an uninsured motorist in the amount of $17,500 for damages arising from a…”
— Mich. Comp. Laws § 257.1107(3) — 5 cases
Bowser v. Jacobs, 194 N.W.2d 110 (Mich. Ct. App. 1971).
“Louisiana Through the Charity Hospital of Louisiana at New Orleans Board of Administrators, supra (a law authorizing legitimate children, but precluding illegitimate children, from suing for the wrongful death of their mother is not rational and the classification is invidious.”
Steele v. Wilson, 185 N.W.2d 417 (Mich. Ct. App. 1971).
“(MCLA § 257.1107 [3] [Stat Ann 1968 Rev § 9.”
Brunner v. Sec'y of State, 210 N.W.2d 786 (Mich. Ct. App. 1973).
“Representatives of the fund contested liability, claiming that plaintiffs, by virtue of their private settlements with the other potential defendants, had failed to satisfy the MCLA 257.1107(3); MSA 9.2807(3) requirement that they bring an action "against all persons against…”
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