THE INSURANCE CODE OF 1956
Act 218 of 1956
500.3102 Nonresident owner or registrant of motor vehicle or motorcycle to maintain security for payment of benefits; operation of motor vehicle or motorcycle by owner, registrant, or other person without security; penalty; failure to produce evidence of security; rebuttable presumption.
Sec. 3102.
(1) A nonresident owner or registrant of a motor vehicle or motorcycle not registered in this state shall not operate or permit the motor vehicle or motorcycle to be operated in this state for an aggregate of more than 30 days in any calendar year unless he or she continuously maintains security for the payment of benefits pursuant to this chapter.
(2) An owner or registrant of a motor vehicle or motorcycle with respect to which security is required, who operates the motor vehicle or motorcycle or permits it to be operated upon a public highway in this state, without having in full force and effect security complying with this section or section 3101 or 3103 is guilty of a misdemeanor. A person who operates a motor vehicle or motorcycle upon a public highway in this state with the knowledge that the owner or registrant does not have security in full force and effect is guilty of a misdemeanor. A person convicted of a misdemeanor under this section shall be fined not less than $200.00 nor more than $500.00, imprisoned for not more than 1 year, or both.
(3) The failure of a person to produce evidence that a motor vehicle or motorcycle has in full force and effect security complying with this section or section 3101 or 3103 on the date of the issuance of the citation, creates a rebuttable presumption in a prosecution under subsection (2) that the motor vehicle or motorcycle did not have in full force and effect security complying with this section or section 3101 or 3103 on the date of the issuance of the citation.
History: Add. 1972, Act 294, Eff. Mar. 30, 1973 ;-- Am. 1975, Act 329, Eff. Mar. 31, 1976 ;-- Am. 1979, Act 145, Imd. Eff. Nov. 13, 1979 ;-- Am. 1980, Act 446, Imd. Eff. Jan. 15, 1981 ;-- Am. 1987, Act 187, Eff. Mar. 30, 1988 ;-- Am. 1990, Act 79, Imd. Eff. May 24, 1990
PopularName Notes:
Act 218
PopularName Notes:
Essential Insurance
PopularName Notes:
No-Fault Insurance
Notes of Decisions
Iqbal v. Bristol West Ins. Grp., 748 N.W.2d 574 (Mich. Ct. App. 2008).
· cites it 9× “Interestingly, as indicated above, Jasinski made reference to the misdemeanor provision found in MCL 500.3102(2), which was addressed in State Farm, supra, and which we shall discuss below because of the particular language used by the Legislature.”
Mccormick v. Carrier, 795 N.W.2d 517 (Mich. 2010).
· cites it 2× “Under MCL 500.3102(2), if someone is convicted of driving without basic no- fault insurance coverage, he or she can be fined up to $500, incarcerated in jail for up to one year, or both.”
Clevenger v. Allstate Ins., 505 N.W.2d 553 (Mich. 1993).
· cites it 6× “13105 (PIP coverage for bodily injury arising out of the ownership, operation, maintenance, or use of a motor vehicle as a motor vehicle; due without regard to fault); MCL 500.”
Shavers v. Attorney Gen., 267 N.W.2d 72 (Mich. 1978).
· cites it 2× “[19] See MCL 500.3102(2); MSA 24.13102(2) and MCL 500.”
People of Michigan v. Patrick Mazzie, 926 N.W.2d 359 (Mich. Ct. App. 2018).
· cites it 2× “MCL 500.3102. Testimony also established that city of Monroe police officers routinely pull vehicles over if the LEIN indicates that the vehicle is not insured.”
Titan Ins. v. Am. Country Ins., 876 N.W.2d 853 (Mich. Ct. App. 2015).
· cites it 2× “3101 or MCL 500.3102], (f) A bus operated by a canoe or other watercraft, bicycle, or horse livery used only to transport passengers to or from a destination point.”
Morales v. Auto-Owners Ins., 582 N.W.2d 776 (Mich. 1998).
· cites it 2× “This is because defendant never mailed plaintiff a new proof of insurance or a new policy.”
Belcher v. Aetna Cas. & Sur. Co., 293 N.W.2d 594 (Mich. 1980).
· cites it 2× “MCL 500.3102(2); MSA 24.13102(2). (2) Other persons who operate a motor vehicle with knowledge that the owner or registrant of the vehicle has not obtained the requisite security are deemed guilty of a misdemeanor.”
Corwin v. DaimlerChrysler Ins., 819 N.W.2d 68 (Mich. Ct. App. 2012).
“Owners and registrants have an insurable interest in their motor vehicles because the no-fault act requires owners and registrants to carry no-fault insurance and MCL 500.3102(2) makes it a misdemeanor to fail to do so.”
Morrison v. Secura Ins., 781 N.W.2d 151 (Mich. Ct. App. 2009).
· cites it 2× “3101(1) required a registrant to carry no-fault insurance and MCL 500.3102(2) made it a misdemeanor to fail to do so.”
— Mich. Comp. Laws § 500.3102(1) — 41 cases
— Mich. Comp. Laws § 500.3102(2) — 42 cases
Iqbal v. Bristol West Ins. Grp., 748 N.W.2d 574 (Mich. Ct. App. 2008).
“Interestingly, as indicated above, Jasinski made reference to the misdemeanor provision found in MCL 500.3102(2), which was addressed in State Farm, supra, and which we shall discuss below because of the particular language used by the Legislature.”
Mccormick v. Carrier, 795 N.W.2d 517 (Mich. 2010).
“Under MCL 500.3102(2), if someone is convicted of driving without basic no- fault insurance coverage, he or she can be fined up to $500, incarcerated in jail for up to one year, or both.”
Clevenger v. Allstate Ins., 505 N.W.2d 553 (Mich. 1993).
“13105 (PIP coverage for bodily injury arising out of the ownership, operation, maintenance, or use of a motor vehicle as a motor vehicle; due without regard to fault); MCL 500.”
Morales v. Auto-Owners Ins., 582 N.W.2d 776 (Mich. 1998).
“This is because defendant never mailed plaintiff a new proof of insurance or a new policy.”
— Mich. Comp. Laws § 500.3102(2)(i)(i) — 1 case
— Mich. Comp. Laws § 500.3102(3) — 3 cases
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