As you have learned this past month through my blogs, no-fault benefits may be payable in circumstances where you may not have thought they would be because the injury was not caused by a typical motor vehicle crash. However the injury DID involve a motor vehicle.
We know that in order for Michigan No Fault benefits to be payable you need to ask the following question: Was there an accidental injury that arose out of the ownership, operation, use or maintenance of the motor vehicle as a motor vehicle? If the answer is yes, then the Michigan motor vehicle injured victim may be entitled to no fault benefits.
Here are a few examples of unusual circumstances where benefits may still be payable:
Not Logical or Fair:
If a man is intoxicated, walks across a highway at night dressed in all black and is hit by a car, he is entitled to PIP.
Maintenance:
A man that is working on his car and it falls on him may be entitled to PIP.
If a man is changing a tire and the car falls off the jack, injuring him, he is entitled to PIP.
A man that is watching the driver open the radiator cap and is burned from steam is entitled to PIP.
A man who is burned pouring oil in a van is entitled to PIP.
Eye injury from a dropped, flailing power wash hose when washing car at self-serve car wash is entitled to PIP.
Burn injury when patient used cutting torch to add on to his trailer is entitled to PIP.
Injury when a man attempted to start his car by warming the oil pan by burning charcoal under it is entitled to PIP.