Jury must decide whether cyclist was run off the road by a vehicle; Progressive loses appeal
A motorcyclist without unusual coverage cannot collect full No Fault PIP benefits, unless a motor vehicle is involved in the incident leading to his injuries. William Lowell Elston argued that he lost control of his bike when an approaching car took a curve too widely and squeezed him into contact with the curb. The trial judge assigned to the Lenawee County case granted Progressive Michigan Insurance Company summary disposition, despite Elston's claim of vehicle involvement.
The Court of Appeals reversed. The judges noted that the cyclist need not prove physical contact, and given the testimony of Elston and another witness, it was a question of fact for the jury to decide whether a car was "involved" in causing his injuries.