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  1. #1
    Join Date
    Dec 2008
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    26

    Default Where Can You Sue Over an Out-of-State Accident

    My question involves an injury that occurred in the state of: Michigan

    Facts: two ohio drivers. Accident occurs in michigan.

    Questions:

    1.) what is proper venue(s) for a potential lawsuit?

    2.) what is the statute of limitations. Ohio is 2, michigan is 3

    3.) What role, if any, does michigan's no fault law play?

    thank you.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Out of State Accident

    You posted this as a personal injury matter. Is that in fact what you are asking about, or are you actually asking only about a property damage claim.

  3. #3
    Join Date
    Dec 2008
    Posts
    26

    Default Re: Out of State Accident

    Ahh, I meant as a PI. I apologize. I am trying to get out of the office and pick up my daughter to get her to gymnastics. Crazy Fridays.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Out of State Accident

    500.3113 Persons not entitled to personal protection benefits.
    Sec. 3113.


    A person is not entitled to be paid personal protection insurance benefits for accidental bodily injury if at the time of the accident any of the following circumstances existed:


    (a) The person was using a motor vehicle or motorcycle which he or she had taken unlawfully, unless the person reasonably believed that he or she was entitled to take and use the vehicle.


    (b) The person was the owner or registrant of a motor vehicle or motorcycle involved in the accident with respect to which the security required by section 3101 or 3103 was not in effect.


    (c) The person was not a resident of this state, was an occupant of a motor vehicle or motorcycle not registered in this state, and was not insured by an insurer which has filed a certification in compliance with section 3163.
    how much time does either party spend in Michigan per year?

    has either insurer of the parties file a certificate of compliance whereas the insurance in place fulfills the requirements of Michigan's requirements?

    section 3163

    http://www.legislature.mi.gov/(S(x4i...e=mcl-500-3163




  5. #5
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    Default Re: Out of State Accident

    It's not your fault. If you're posting about injuries to the driver or passengers you're in the right place. It's that huge numbers of people post here about their disputes over collision damage with their insurance companies, or to ask about fault in a fender bender. I'm going to assume here that both cars are registered in Ohio and insured through Ohio insurance companies.

    1. The plaintiff can sue in Michigan, in the county where the accident occurred; the plaintiff can also sue in Ohio in the county of the defendant's domicile.

    2. Under Ohio's borrowing statute, O.R.C. 2305.03, it will apply its own statute of limitations unless the limitations period in the state where the accident occurred is shorter. As the location in which the injury accrued, Michigan would apply its own limitations period.

    3. When drivers are insured in other states, Michigan's no fault law can create complexities in relation to their insurance coverage. In the confines of a discussion forum, I can only skim the surface.

    If your insurance company is on this list, assuming you're the plaintiff, you may be able to collect Michigan No Fault PIP (personal injury protection) benefits, which include medical expenses, up to three years of lost wages incurred in being off work, and costs incurred for replacement services. Where you're injured in your own vehicle, insured out-of-state, a $500,000 cap applies to those benefits. MCL 500.3163. These benefits are not available to operators of motorcycles. There can be a potential disqualification for benefits if the vehicle owner claiming benefits has operated a vehicle in Michigan for more than 30 days within the prior calendar year. MCL 500.3102. If the plaintiff is eligible for these benefits I would expect the Ohio court to apply Michigan law to the balance of the claim and allow for recovery of economic damages only to the extent that they exceed the first party no fault benefits provided by their own insurer, and for non-economic (pain and suffering) damages only for cases involving death or injuries resulting in permanent serious disfigurement or serious impairment of a body function.

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