Auto Club loses priority dispute over payment of PIP benefits to pedestrians clustered at accident site
The Auto Club maintained that the trial judge erred when he ruled that it was responsible for PIP benefits paid to bystanders who were struck by a vehicle on or near I-75. The bystanders had left their vehicles after a collision that occurred moments earlier, and the Auto Club maintained that the insurers of the vehicles involved in the earlier collision were also "involved in this accident." The Court of Appeals held that the prior collision was a "separate event" and that even though one of the vehicles remainded upside down in the middle of I-75, disrupting traffic and creating a hazardous condition, it "was not involved in this accident."
We'd categorize this as a rare case where we agree with the Auto Club. The decision is mindful of the literary suggestion that "if the law says that, the law is a ass..."