Under Michigan’s No-Fault Act, liability for non-economic loss suffered as a result of a motor vehicle accident is limited to situations where an injured party produces sufficient evidence of a threshold injury under MCL 500.3135. MCL 500.3135(1) specifically limits tort liability to situations where an injured person has suffered death, serious impairment of a body function, or permanent serious disfigurement. A serious impairment of body function is defined as “an objectively manifested impairment of an important body function that affects the person's general ability to lead his or her normal life.” MCL 500.3135(5).
In a recent decision by the Court of Appeals, an injured party was found to have produced sufficient evidence “that his impairment affected his general ability to lead his normal life because it has, at least, influenced some of his capacity to live in his normal, pre-injury manner of living.” Specifically, the plaintiff testified that his lifestyle was more sedentary than it was before the accident, that he was unable to go on long bike rides with his kids after the accident, and he was unable to carry his infant son.
The Court of Appeals further noted that the trial court had improperly considered the injured party’s travel for vacations as conclusive proof that his ability to lead a normal life was not affected. The case is Asker v Sanders, unpublished Michigan Court of Appeals 331452, June 13, 2017.
Read more about our expertise in motor vehicle accidents and the No-Fault Insurance Act.
NO FAULT INSURANCE PERSONAL INJURY & ACCIDENT LAWAbout the Author
