Michigan Compiled Laws

Mich. Comp. Laws § 257.1113 (2026)

Death or injury by unidentified vehicle or driver; adding secretary as defendant; condition.

✓ current as of July 2026

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MOTOR VEHICLE ACCIDENT CLAIMS ACT

Act 198 of 1965

257.1113 Death or injury by unidentified vehicle or driver; adding secretary as defendant; condition.

Sec. 13.

Where an action has been commenced in respect of the death of or injury to any person occasioned in this state by a motor vehicle and it is alleged that the death or injury was caused or contributed to by another motor vehicle, the identity of which and the owner and the driver thereof cannot be established, the secretary may be added as a defendant on the application of any party and shall be added as a defendant on his own application. The secretary may not be added as a defendant under this section unless physical contact by the unidentified motor vehicle with the plaintiff or with the vehicle occupied by the plaintiff or with such other vehicle which was involved in the accident has been established.

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 5 cases, 1971–1978 · leading case: Bowser v. Jacobs, 194 N.W.2d 110 (Mich. Ct. App. 1971).

Sort: Relevance Newest Treatment

Bowser v. Jacobs, 194 N.W.2d 110 (Mich. Ct. App. 1971). · cites it 4× “1125 (Stat Ann 1968 Rev § 9.2825). [19] MCLA § 257.1106 (Stat Ann 1971 Cum Supp § 9.”

Kersten v. Detroit Auto. Inter-Ins. Exch., 267 N.W.2d 425 (Mich. Ct. App. 1978). · cites it 2× “MCLA 257.1113; MSA 9.2813. The physical contact requirement was added to both sections in 1968.”

Weisberg v. Det. Auto. Inter-ins. Ex., 194 N.W.2d 193 (Mich. Ct. App. 1971). · cites it 2× “Clearly Weisberg could not be a judgment debtor in an action commenced by him against the driver.”

Raffin v. O'LEARY, 191 N.W.2d 481 (Mich. Ct. App. 1971). · cites it 4× “Under the statute in force at the time of trial, MCLA § 257.1113 (Stat Ann 1968 Rev § 9.2813), the plaintiffs could have brought an action against the accident fund based on the negligence of the driver of the third car.”

Weisberg v. Detroit Auto. Inter-Ins. Exch., 36 Mich. App. 513 (Mich. Ct. App. 1971). · cites it 2× “Clearly Weisberg could not be a judgment debtor in an action commenced by him against the driver.”

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