Michigan Compiled Laws

Mich. Comp. Laws § 500.3106 (2026)

Accidental bodily injury arising out of ownership, operation, maintenance, or use of parked vehicle as motor vehicle; conditions.

✓ current as of July 2026

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THE INSURANCE CODE OF 1956

Act 218 of 1956

500.3106 Accidental bodily injury arising out of ownership, operation, maintenance, or use of parked vehicle as motor vehicle; conditions.

Sec. 3106.

(1) Accidental bodily injury does not arise out of the ownership, operation, maintenance, or use of a parked vehicle as a motor vehicle unless any of the following occur:

(a) The vehicle was parked in such a way as to cause unreasonable risk of the bodily injury which occurred.

(b) Except as provided in subsection (2), the injury was a direct result of physical contact with equipment permanently mounted on the vehicle, while the equipment was being operated or used, or property being lifted onto or lowered from the vehicle in the loading or unloading process.

(c) Except as provided in subsection (2), the injury was sustained by a person while occupying, entering into, or alighting from the vehicle.

(2) Accidental bodily injury does not arise out of the ownership, operation, maintenance, or use of a parked vehicle as a motor vehicle if benefits under the worker's disability compensation act of 1969, Act No. 317 of the Public Acts of 1969, as amended, being sections 418.101 to 418.941 of the Michigan Compiled Laws, or under a similar law of another state or under a similar federal law, are available to an employee who sustains the injury in the course of his or her employment while doing either of the following:

(a) Loading, unloading, or doing mechanical work on a vehicle unless the injury arose from the use or operation of another vehicle. As used in this subdivision, "another vehicle" does not include a motor vehicle being loaded on, unloaded from, or secured to, as cargo or freight, a motor vehicle.

(b) Entering into or alighting from the vehicle unless the injury was sustained while entering into or alighting from the vehicle immediately after the vehicle became disabled. This subdivision shall not apply if the injury arose from the use or operation of another vehicle. As used in this subdivision, "another vehicle" does not include a motor vehicle being loaded on, unloaded from or secured to, as cargo or freight, a motor vehicle.

History: Add. 1972, Act 294, Eff. Mar. 30, 1973 ;-- Am. 1981, Act 209, Eff. Jan. 1, 1982 ;-- Am. 1986, Act 318, Eff. June 1, 1987

Compiler's Notes:

Section 2 of Act 209 of 1981 provides: “This amendatory act shall take effect January 1, 1982 and shall be applicable to all causes of action which occur after the effective date of this amendatory act.”

PopularName Notes:

Act 218

PopularName Notes:

Essential Insurance

PopularName Notes:

No-Fault Insurance

Notes of Decisions

Cited in 178 cases (21 in the last 5 years), 1977–2026 · leading case: Tamara Woodring v. Phoenix Ins. Co., 923 N.W.2d 607 (Mich. Ct. App. 2018).

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Tamara Woodring v. Phoenix Ins. Co., 923 N.W.2d 607 (Mich. Ct. App. 2018). · cites it 20× “3105(1) would be rendered nugatory by MCL 500.3106 unless that maintenance avoided triggering MCL 500.”

Adanalic v. Harco Nat'l Ins. Co., 870 N.W.2d 731 (Mich. Ct. App. 2015). · cites it 29× “First, it argues that the circumstances of Adanalic’s injuries do not satisfy any of the “parked-vehicle exceptions” enumerated in MCL 500.3106(1). Second, it argues that workers’ compensation benefits were “available” to Adanalic under MCL 500.”

Frazier v. Allstate Ins. Co., 808 N.W.2d 450 (Mich. 2011). · cites it 37× “] The next section of the act, MCL 500.3106, explains when such liability attaches in the case of a parked vehicle: Accidental bodily injury does not arise out of the ownership, operation, maintenance, or use of a parked vehicle as a motor vehicle unless any of the following…”

Drake v. Citizens Ins. Co. of Am., 715 N.W.2d 387 (Mich. Ct. App. 2006). · cites it 30× “MCL 500.3106, which addresses parked motor vehicles and the recovery of personal injury protection (PIP) benefits, provides in part: *392 (1) Accidental bodily injury does not arise out of the ownership, operation, maintenance, or use of a parked vehicle as a motor vehicle…”

Shinn v. Michigan Assigned Claims Facility, 887 N.W.2d 635 (Mich. Ct. App. 2016). · cites it 7× “” The Heard Court, 414 Mich at 144-145 , ruled that a parked car was only involved in an accident if one of the exceptions to the parked-vehicle provision in MCL 500.3106 applied. At that time, MCL 500.”

Autry v. Allstate Ins., 344 N.W.2d 588 (Mich. Ct. App. 1983). · cites it 20× “13105, and MCL 500.3106; MSA 24.13106. On April 28, 1982, the court issued its opinion resolving this issue in plaintiff's favor.”

Stewart v. State, 692 N.W.2d 376 (Mich. 2004). · cites it 11× “The circuit court determined that the police cruiser was a parked vehicle, within the meaning of MCL 500.3106, at the time of the accident and that the parked cruiser did not cause an unreasonable risk of bodily injury within the meaning of MCL 500.”

Shanafelt v. Allstate Ins., 552 N.W.2d 671 (Mich. Ct. App. 1996). · cites it 8× “While injuries stemming from the use of a parked vehicle are generally excluded from coverage, MCL 500.3106(1); MSA 24.13106(1), coverage is nonetheless provided where “the injury was sustained by a person while occupying, entering into, alighting from the [parked] vehicle.”

Rice v. Auto Club Ins. Ass'n, 651 N.W.2d 188 (Mich. Ct. App. 2002). · cites it 6× “Consequently, the parked vehicle exceptions in MCL 500.3106 that might otherwise allow coverage did not apply because Rice’s injury did not come as a direct result of physical contact with equipment permanently mounted on the fueling truck and no loading or unloading was taking…”

AMY v. MIC Gen. Ins., 670 N.W.2d 228 (Mich. Ct. App. 2003). · cites it 11× “Before discussing the three uninsured parked motor vehicle cases, we must engage in a general discussion of MCL 500.3106. Pip benefits are payable for accidental bodily injury.”

McKenzie v. Auto Club Ins. Ass'n, 580 N.W.2d 424 (Mich. 1998). · cites it 6× “§ 500.3106; M.S.A. § 24.13106, which concerns limitations on the applicability of coverage to parked vehicles, is met, because the vehicle was occupied at the time of injury, satisfying M.”

Thornton v. Allstate Ins., 391 N.W.2d 320 (Mich. 1986). · cites it 4× “13105(1), to include injuries incurred in repairing parked cars in the context of the limited specific exceptions to the exclusion of incidents involving parked cars from no-fault liability provided in MCL 500.3106(1); MSA 24.13106(1). [9] In *659 reconciling the apparent…”

Show all 178 citing cases →

— Mich. Comp. Laws § 500.3106(1) — 55 cases

Tamara Woodring v. Phoenix Ins. Co., 923 N.W.2d 607 (Mich. Ct. App. 2018). “3105(1) would be rendered nugatory by MCL 500.3106 unless that maintenance avoided triggering MCL 500.”

Frazier v. Allstate Ins. Co., 808 N.W.2d 450 (Mich. 2011). “] The next section of the act, MCL 500.3106, explains when such liability attaches in the case of a parked vehicle: Accidental bodily injury does not arise out of the ownership, operation, maintenance, or use of a parked vehicle as a motor vehicle unless any of the following…”

Drake v. Citizens Ins. Co. of Am., 715 N.W.2d 387 (Mich. Ct. App. 2006). “MCL 500.3106, which addresses parked motor vehicles and the recovery of personal injury protection (PIP) benefits, provides in part: *392 (1) Accidental bodily injury does not arise out of the ownership, operation, maintenance, or use of a parked vehicle as a motor vehicle…”

Thornton v. Allstate Ins., 391 N.W.2d 320 (Mich. 1986). “13105(1), to include injuries incurred in repairing parked cars in the context of the limited specific exceptions to the exclusion of incidents involving parked cars from no-fault liability provided in MCL 500.3106(1); MSA 24.13106(1). [9] In *659 reconciling the apparent…”

Mccormick v. Carrier, 795 N.W.2d 517 (Mich. 2010).

— Mich. Comp. Laws § 500.3106(1)(a) — 19 cases

Autry v. Allstate Ins., 344 N.W.2d 588 (Mich. Ct. App. 1983). “13105, and MCL 500.3106; MSA 24.13106. On April 28, 1982, the court issued its opinion resolving this issue in plaintiff's favor.”

Wills v. State Farm Ins. Cos., 468 N.W.2d 511 (Mich. 1991).

Lankford v. Citizens Ins. Co. of Am., 431 N.W.2d 59 (Mich. Ct. App. 1988).

MacK v. Travelers Ins., 481 N.W.2d 825 (Mich. Ct. App. 1992).

— Mich. Comp. Laws § 500.3106(1)(b) — 34 cases

Royston v. State Farm Mut. Auto. Ins., 344 N.W.2d 14 (Mich. Ct. App. 1983).

Jones v. Tronex Chem. Corp., 341 N.W.2d 469 (Mich. Ct. App. 1983).

Perryman v. Citizens Ins. Co. of Am., 401 N.W.2d 367 (Mich. Ct. App. 1986).

— Mich. Comp. Laws § 500.3106(1)(c) — 28 cases

Admire v. Auto-Owners Ins. Co., 831 N.W.2d 849 (Mich. 2013).

Shinn v. Michigan Assigned Claims Facility, 887 N.W.2d 635 (Mich. Ct. App. 2016). “” The Heard Court, 414 Mich at 144-145 , ruled that a parked car was only involved in an accident if one of the exceptions to the parked-vehicle provision in MCL 500.3106 applied. At that time, MCL 500.”

McKenzie v. Auto Club Ins. Ass'n, 580 N.W.2d 424 (Mich. 1998). “§ 500.3106; M.S.A. § 24.13106, which concerns limitations on the applicability of coverage to parked vehicles, is met, because the vehicle was occupied at the time of injury, satisfying M.”

Adanalic v. Harco Nat'l Ins. Co., 870 N.W.2d 731 (Mich. Ct. App. 2015). “First, it argues that the circumstances of Adanalic’s injuries do not satisfy any of the “parked-vehicle exceptions” enumerated in MCL 500.3106(1). Second, it argues that workers’ compensation benefits were “available” to Adanalic under MCL 500.”

— Mich. Comp. Laws § 500.3106(2) — 29 cases

Tamara Woodring v. Phoenix Ins. Co., 923 N.W.2d 607 (Mich. Ct. App. 2018). “3105(1) would be rendered nugatory by MCL 500.3106 unless that maintenance avoided triggering MCL 500.”

MacDonald v. Michigan Mut. Ins., 400 N.W.2d 305 (Mich. Ct. App. 1986).

Gunsell v. Ryan, 599 N.W.2d 767 (Mich. Ct. App. 1999).

Cobb v. Liberty Mut. Ins., 416 N.W.2d 328 (Mich. Ct. App. 1987).

— Mich. Comp. Laws § 500.3106(2)(a) — 12 cases

Rice v. Auto Club Ins. Ass'n, 651 N.W.2d 188 (Mich. Ct. App. 2002). “Consequently, the parked vehicle exceptions in MCL 500.3106 that might otherwise allow coverage did not apply because Rice’s injury did not come as a direct result of physical contact with equipment permanently mounted on the fueling truck and no loading or unloading was taking…”

Thompson v. TNT Overland Express, 505 N.W.2d 918 (Mich. Ct. App. 1993).

Gunsell v. Ryan, 599 N.W.2d 767 (Mich. Ct. App. 1999).

Perez v. Farmers Ins. Exch., 571 N.W.2d 770 (Mich. Ct. App. 1997).

— Mich. Comp. Laws § 500.3106(2)(b) — 5 cases

Lee v. Nat'l Union Fire Ins., 523 N.W.2d 900 (Mich. Ct. App. 1994).

Mahdesian v. Wausau Ins., 742 F. Supp. 1352 (E.D. Mich. 1990).

Barbara Marks v. City of Detroit (Mich. Ct. App. 2019).

Gary Mathis v. Auto Owners Ins. Co. (Mich. Ct. App. 2021).

— Mich. Comp. Laws § 500.3106(4) — 1 case

Univ. Rehab. All., Inc. v. Farm Bureau Gen. Ins., 763 N.W.2d 908 (Mich. 2009).

— Mich. Comp. Laws § 500.3106(a) — 1 case

Kudek v. Detroit Auto. Inter-Ins. Exch., 300 N.W.2d 350 (Mich. Ct. App. 1980).

— Mich. Comp. Laws § 500.3106(b) — 9 cases

Tamara Woodring v. Phoenix Ins. Co., 923 N.W.2d 607 (Mich. Ct. App. 2018). “3105(1) would be rendered nugatory by MCL 500.3106 unless that maintenance avoided triggering MCL 500.”

Arnold v. Auto-Owners Ins., 269 N.W.2d 311 (Mich. Ct. App. 1978).

Heard v. State Farm Mut. Auto. Ins., 286 N.W.2d 46 (Mich. Ct. App. 1979).

Gutierrez v. Dairyland Ins., 312 N.W.2d 187 (Mich. Ct. App. 1981).

— Mich. Comp. Laws § 500.3106(b)(1) — 1 case

Charles Anthony Lefevers v. State Farm Mut. Auto. Ins Co (Mich. 2013).

— Mich. Comp. Laws § 500.3106(c) — 11 cases

McPherson v. Auto-Owners Ins., 282 N.W.2d 289 (Mich. Ct. App. 1979).

Johnston v. Hartford Ins., 346 N.W.2d 549 (Mich. Ct. App. 1984).

Ansara v. State Farm Ins., 523 N.W.2d 899 (Mich. Ct. App. 1994).

Teman v. Transamerica Ins., 333 N.W.2d 244 (Mich. Ct. App. 1983).

Koole v. Michigan Mut. Ins., 337 N.W.2d 369 (Mich. Ct. App. 1983).

— Mich. Comp. Laws § 500.3106(l) — 1 case

Gordon v. Allstate Ins., 496 N.W.2d 357 (Mich. Ct. App. 1992).

— Mich. Comp. Laws § 500.3106(l)(a) — 7 cases

Stewart v. State, 692 N.W.2d 376 (Mich. 2004). “The circuit court determined that the police cruiser was a parked vehicle, within the meaning of MCL 500.3106, at the time of the accident and that the parked cruiser did not cause an unreasonable risk of bodily injury within the meaning of MCL 500.”

Autry v. Allstate Ins., 344 N.W.2d 588 (Mich. Ct. App. 1983). “13105, and MCL 500.3106; MSA 24.13106. On April 28, 1982, the court issued its opinion resolving this issue in plaintiff's favor.”

AMY v. MIC Gen. Ins., 670 N.W.2d 228 (Mich. Ct. App. 2003). “Before discussing the three uninsured parked motor vehicle cases, we must engage in a general discussion of MCL 500.3106. Pip benefits are payable for accidental bodily injury.”

Braun v. Citizens Ins., 335 N.W.2d 701 (Mich. Ct. App. 1983).

Hackley v. State Farm Mut. Auto. Ins., 383 N.W.2d 108 (Mich. Ct. App. 1985).

— Mich. Comp. Laws § 500.3106(l)(b) — 8 cases

Walega v. Walega, 877 N.W.2d 910 (Mich. Ct. App. 2015).

Gunsell v. Ryan, 599 N.W.2d 767 (Mich. Ct. App. 1999).

— Mich. Comp. Laws § 500.3106(l)(c) — 17 cases

Shanafelt v. Allstate Ins., 552 N.W.2d 671 (Mich. Ct. App. 1996). “While injuries stemming from the use of a parked vehicle are generally excluded from coverage, MCL 500.3106(1); MSA 24.13106(1), coverage is nonetheless provided where “the injury was sustained by a person while occupying, entering into, alighting from the [parked] vehicle.”

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