Mich. Comp. Laws » Michigan Compiled Laws / Chapter 257 / Act 198 of 1965
Michigan Compiled Laws

Mich. Comp. Laws § 257.1112 (2026)

Death or injury by unidentified vehicle or driver; action against fund; condition precedent.

✓ current as of July 2026
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MOTOR VEHICLE ACCIDENT CLAIMS ACT


Act 198 of 1965


257.1112 Death or injury by unidentified vehicle or driver; action against fund; condition precedent.

Sec. 12.

    Where the death of or personal injury to any person is occasioned in this state by a motor vehicle but the identity of the motor vehicle and of the driver and owner thereof cannot be established, any person who would have a cause of action against the owner or driver in respect to the death or personal injury may bring an action against the secretary, either alone or as a codefendant with others alleged to be responsible for the death or personal injury. In any action commenced under this section, physical contact by the unidentified vehicle with the plaintiff or with a vehicle occupied by the plaintiff, is a condition precedent to such action.

History: 1965, Act 198, Eff. Nov. 1, 1965 ;-- Am. 1965, Act 389, Imd. Eff. Oct. 25, 1965 ;-- Am. 1968, Act 223, Eff. July 1, 1968

Notes of Decisions
Cited in 19 cases (2 in the last 5 years), 1971–2023 · leading case: Dancey v. Travelers Prop. Cas. Co. of Am., 792 N.W.2d 372 (Mich. Ct. App. 2010).
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Dancey v. Travelers Prop. Cas. Co. of Am., 792 N.W.2d 372 (Mich. Ct. App. 2010). · cites it 3× “The plaintiff sought recovery under MCL 257.1112, 7 which requires “physical contact between the unidentified vehicle and a vehicle occupied by the claimant [as] a condition precedent to such action.”
Johnson v. Sec'y of State, 280 N.W.2d 9 (Mich. 1979). · cites it 4× “This Court granted leave to appeal on the following issues: 1) in an action based upon MCL 257.1112; MSA 9.2812, is evidence that the motor vehicle did not stop after the accident sufficient to create a presumption of negligence avoiding a directed verdict, *445 and 2) did the…”
Kersten v. Detroit Auto. Inter-Ins. Exch., 267 N.W.2d 425 (Mich. Ct. App. 1978). · cites it 4× “Defendant Detroit Automobile Inter-Insurance Exchange (DAIIE), appeals from an April 13, 1977, declaratory judgment, GCR 1963, 521, holding that, under plaintiffs' insurance policy and under Michigan's then hit-and-run statute, MCLA 257.1112; MSA 9.2812, [1] DAIIE was liable to…”
Adams v. Zajac, 313 N.W.2d 347 (Mich. Ct. App. 1981). · cites it 2× “MCL 257.1112; MSA 9.2812. Motions for accelerated judgment and summary judgment were granted in favor of Zajac and L.”
Auto Club Ins. Ass'n v. Methner, 339 N.W.2d 234 (Mich. Ct. App. 1983). · cites it 4× “At the time of the accident which gave rise to the Lord case, MCL 257.1112; MSA 9.2812 (§ 12 of the Motor Vehicle Accident Claims Act), provided that persons injured by unidentified vehicles and drivers could bring an action against the Secretary of State.”
Dillon v. Sec'y of State, 233 N.W.2d 96 (Mich. Ct. App. 1975). · cites it 6× “Unknown and the Michigan Secretary of State, pursuant to the Motor Vehicle Accident Claims Act, MCLA 257.1112; MSA 9.2812. His parents also brought an action against the same defendants in their own names.”
Dodd v. Sec'y of State, 213 N.W.2d 109 (Mich. 1973). · cites it 4× “Pursuant to the provisions of MCLA 257.1112; MSA 9.2812 suit was brought against the Secretary of State for the injuries suffered by Mr.”
Bowser v. Jacobs, 194 N.W.2d 110 (Mich. Ct. App. 1971). · cites it 4× “[18] The act protects only residents of Michigan and residents of other states in which recourse of a substantially similar character to that provided by this act is afforded to residents of Michigan. MCLA § 257.1125 (Stat Ann 1968 Rev § 9.”
Citizens Mut. Ins. v. Jenks, 194 N.W.2d 728 (Mich. Ct. App. 1971). · cites it 4× “13010, does not define the term “uninsured motor vehicle”, we will look to the Motor Vehicle Accident Claims Act, MCLA 257.1112; MSA 9.2812, which is in pari materia with the insurance code, for a definition.”
Schigur v. Sec'y of State, 251 N.W.2d 567 (Mich. Ct. App. 1977). · cites it 2× “1 Plaintiff sued the Fund under MCLA 257.1112; MSA 9.2812 which provides: "Where the death of or personal injury to any person is occasioned in this state by a motor vehicle but the identity of the motor vehicle and of the driver and owner thereof cannot be established, any…”
Basilla v. Aetna Ins. Corp., 195 N.W.2d 893 (Mich. Ct. App. 1972). · cites it 3× “Plaintiff relies on MCLA 257.1112; MSA 9.2812 in support of her contention.”
Moore v. Sec'y of State, 251 N.W.2d 564 (Mich. Ct. App. 1977). “1 Conse *301 quently, she is attempting to sue the Motor Vehicle Accident Claims Fund (the Fund) under MCLA 257.1112; MSA 9.2812. The trial judge granted the defendants’ motion for summary judgment.”
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