MOTOR VEHICLE ACCIDENT CLAIMS ACT
Act 198 of 1965
257.1123 Payments for injury, death, or property damage; limitations; recovery of excess payments.
Sec. 23.
(1) In respect to applications under this act for payment of damages arising out of motor vehicle accidents occurring in this state on or after January 1, 1966, the secretary shall not pay out of the fund, (a) more than $20,000.00, exclusive of costs, on account of injury to or the death of 1 person, and, subject to such limit for any one person so injured or killed, not more than $40,000.00, exclusive of costs, on account of injury to or the death of 2 or more persons in any one accident; and (b) more than $10,000.00, exclusive of costs, for loss of or damage to property resulting from any one accident.
(2) Where any amount is recovered from any other source in partial discharge of the claim or judgment, or where a claim or judgment for damages is reduced by an amount paid or payable by an insurer or any other person, as provided in subsections (2) or (3) of section 22, then the limitations set forth in subsection 1 of this section shall be applicable to the excess of the claim or judgment over the amount by which the claim or judgment is partially satisfied or is reduced under subsections (2) or (3) of section 22. Any amount paid out of the fund in excess of the amount authorized by this section may be recovered by action brought by the secretary.
History: 1965, Act 198, Eff. Nov. 1, 1965 ;-- Am. 1965, Act 389, Imd. Eff. Oct. 25, 1965 ;-- Am. 1971, Act 119, Eff. Oct. 1, 1971
Notes of Decisions
Cited in
15
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 10× “[24] MCLA § 257.1123 (Stat Ann 1968 Rev § 9.2823).”
Bradley v. Mid-Century Ins., 294 N.W.2d 141 (Mich. 1980).
· cites it 2× “An accident involving an uninsured motor vehicle and a motorcyclist who lives in a household with no PIP insurance applicable to its members and who has purchased uninsured motorist coverage for his motorcycle appears to be the only situation where uninsured motorist coverage…”
Dillon v. Sec'y of State, 233 N.W.2d 96 (Mich. Ct. App. 1975).
· cites it 12× “The Secretary of State was so ordered by the trial court and now appeals. MCLA 257.”
Steele v. Wilson, 185 N.W.2d 417 (Mich. Ct. App. 1971).
· cites it 4× “We think that fundamentally the same result is achieved under § 23(2) (MCLA § 257.1123 [2] [Stat Ann 1968 Rev § 9.”
Jarecki v. Ford Motor Co., 237 N.W.2d 191 (Mich. Ct. App. 1975).
· cites it 4× “MCLA 257.1123; MSA 9.2823. In our opinion plaintiffs' counsel in his opening statement and the trial court in its charge to the jury have only accurately stated the law concerning the liability of the fund as expressed in the statute.”
Schigur v. Sec'y of State, 251 N.W.2d 567 (Mich. Ct. App. 1977).
· cites it 2× “MCLA 257.1123; MSA 9.2823. On October 1, 1973, 1972 PA 294 , popularly known as *242 the no-fault act, took effect.”
Douglas v. Sec'y of State, 189 N.W.2d 114 (Mich. Ct. App. 1971).
· cites it 4× “*536 The payment provisions of the fund are set forth in MCLA § 257.1123 (Stat Ann 1968 Rev § 9.2823), which presently provides : “(1) In respect to applications under this act for payment of damages arising out of motor vehicle accidents occurring in this state on or after…”
Moore v. McDowell, 221 N.W.2d 446 (Mich. Ct. App. 1974).
“September 29, *659 1972, the Fund moved to interplead by cross-complaint other possible claimants and for an injunction against the maintenance of litigation or execution in other law suits by other possible claimants and offered to pay into court the $20,000 limit of the Fund’s…”
Johnson v. Woodson, 310 N.W.2d 898 (Mich. Ct. App. 1981).
“The Secretary of State on behalf of the fund tendered the undisputed amount of interest and refused to pay the remainder.”
Ingram v. McCastle, 296 N.W.2d 116 (Mich. Ct. App. 1980).
· cites it 4× “00, exclusive of costs, on account of injury to or the death of 2 or more persons in any one accident; and (b) more than $10,000.”
— Mich. Comp. Laws § 257.1123(1) — 2 cases
Johnson v. Woodson, 310 N.W.2d 898 (Mich. Ct. App. 1981).
“The Secretary of State on behalf of the fund tendered the undisputed amount of interest and refused to pay the remainder.”
Ingram v. McCastle, 296 N.W.2d 116 (Mich. Ct. App. 1980).
“00, exclusive of costs, on account of injury to or the death of 2 or more persons in any one accident; and (b) more than $10,000.”
— Mich. Comp. Laws § 257.1123(2) — 6 cases
Bowser v. Jacobs, 194 N.W.2d 110 (Mich. Ct. App. 1971).
“[24] MCLA § 257.1123 (Stat Ann 1968 Rev § 9.2823).”
Bradley v. Mid-Century Ins., 294 N.W.2d 141 (Mich. 1980).
“An accident involving an uninsured motor vehicle and a motorcyclist who lives in a household with no PIP insurance applicable to its members and who has purchased uninsured motorist coverage for his motorcycle appears to be the only situation where uninsured motorist coverage…”
Ingram v. McCastle, 296 N.W.2d 116 (Mich. Ct. App. 1980).
“00, exclusive of costs, on account of injury to or the death of 2 or more persons in any one accident; and (b) more than $10,000.”
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