257.1101 Motor vehicle accident claims act; short title. Sec. 1. This act shall be known and may be cited as the “motor vehicle accident claims act”. History: 1965, Act 198, Eff. Nov. 1, 1965
257.1102 Definitions. Sec. 2. As used in this act: (a) “Secretary” means the secretary of state acting as director of the fund. (b) “Treasurer” means the state treasurer acting as the custodian of the fund. (c) “Fund” means the motor vehicle accident claims fund. (d) “Uninsured motor vehicle” means a motor vehicle as to which […]
257.1103 Motor vehicle accident claims fund; financial statement; audit; deposits or investments; reversion of unexpended moneys; powers of commissioner of insurance; report; annual statement; examination of records; false evidence of insurance as misdemeanor; use of records or information; prohibition; penalty. Sec. 3. (1) There shall be a fund to be known as the motor vehicle […]
257.1103a Transfer of cash to general fund; reimbursement. Sec. 3a. (1) Upon the effective date of this amendatory act, the state treasurer is authorized to transfer the sum of $20,000,000.00 from the motor vehicle accident fund to the state general fund. The state accounting division shall treat the transfer as revenue from other funds. (2) […]
257.1104 Repealed. 1980, Act 459, Imd. Eff. Jan. 15, 1981. Compiler’s Notes: The repealed section pertained to evidence of insurance.
257.1105 Service of process; secretary of state as agent; procedure; failure to serve as bar to recovery; intervention; exception; limitation on payment. Sec. 5. The secretary is deemed to be an agent of the owner or operator of every uninsured motor vehicle for service of process in an action in this state arising out of […]
257.1106 Death or injury by uninsured motorist; application for payment from fund; disputing liability; payment; subrogation; suspension; default in payments. Sec. 6. (1) Where the death of or personal injury or property damage to any person or property is occasioned in this state by an uninsured motor vehicle, any person who would have a cause […]
257.1107 Judgment for damages caused by uninsured motorist; application for payment; notice to applicant of objection to payment; action against all defendants. Sec. 7. (1) Subject to section 8, where a person recovers in any court in this state a judgment for damages on account of injury to or the death of any person or […]
257.1108 Default judgment; notice to secretary of state; reopening; settlements. Sec. 8. (1) Section 7 does not apply in the case of a judgment entered in an action in which the defendant did not enter an appearance, did not file an answer, or did not appear in person or by counsel at the trial, or […]
257.1109 Prerequisite to payments from fund; settlement of claim. Sec. 9. The secretary shall not pay out of the fund any sum under section 7 until the judgment creditor assigns the judgment to him. The secretary may make settlement of a claim which is brought pursuant to section 13 and pay out of the fund […]
257.1110 Suspension of licenses; reinstatement, conditions. Sec. 10. Where the secretary pays out of the fund any amount in satisfaction of a judgment, the operator’s or chauffeur’s license and vehicle registration or registrations of the judgment debtor on whose behalf the payment is made shall be forthwith suspended by the secretary and shall remain suspended […]
257.1111 Default in installment payment; suspension of licenses. Sec. 11. When a person is in default of any installment payment for a period of 10 days, or fails to maintain proof of financial responsibility as required by this act, the secretary shall forthwith suspend the operator’s or chauffeur’s license and vehicle registration of the person. […]
257.1112 Death or injury by unidentified vehicle or driver; action against fund; condition precedent. Sec. 12. Where the death of or personal injury to any person is occasioned in this state by a motor vehicle but the identity of the motor vehicle and of the driver and owner thereof cannot be established, any person who […]
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 […]
257.1114 Repealed. 1967, Act 274, Imd. Eff. July 20, 1967. Compiler’s Notes: The repealed section pertained to motor vehicle accident claims act trial when secretary of state is defendant.
257.1115 Death or injury by stolen vehicle; action against secretary of state. Sec. 15. When the death of or personal injury or property damage to any person or property is occasioned in this state by a motor vehicle at a time when the motor vehicle was without the owner’s consent in the possession of some […]
257.1116 Death or injury by stolen vehicle; general denial by secretary of state. Sec. 16. In an action against the secretary, he may deny generally the allegations in respect to the unidentified motor vehicle and unidentified owner and driver thereof and shall not be required to set forth the facts upon which he relies. History: […]
257.1117 Death or injury by stolen vehicle; judgment against secretary of state, prerequisites. Sec. 17. In an action against the secretary, a judgment against him shall not be granted unless the court in which the action is brought is satisfied that all reasonable efforts have been made by the parties, other than the secretary, to […]
257.1118 Recovery against fund; limitation of action; notice. Sec. 18. In all actions in which recovery is to be sought against the fund, said action must be commenced within 3 years from the time the cause of action accrues. Recovery from the fund shall not be allowed in any event unless notice of intent to […]
257.1119 Judgment against secretary of state; payment; property damage payment. Sec. 19. Where judgment is obtained against the secretary upon the determination of all proceedings, including appeals, the secretary, subject to the limitations provided in this act, shall pay out of the fund to the plaintiff in the action, the entire amount of the judgment […]
