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Vehicle operated by chasing officer is "involved" in motorcycle accident

Two insurers, State Farm and Michigan Municipal Risk Management, fought over whether a police car chasing a motorcyclist at "speeds approaching 100 mph" was involved in the subsequent collision.  State Farm insured the vehicle struck by the motorcyclist and was forced to pay his Personal Injury Protection (PIP) benefits (The law operates that way because in the overwhelming majority of cases, the car operator is at fault, but the cyclist suffers the injuries:  to address the problem and keep motorcycle rates low, the no fault act makes the vehicle insurer liable for PIP benefits.)

Needless to say the "involvement" of a car is not a "fault" issue:  in this case, neither car operator was a legal "cause" of the biker's injuries.  Nevertheless the cruiser's insurer asked the court to hold that the chasing cruiser was not involved, whatsoever.  The Court rejected this argument, although recent courts have reached he opposite conclusion where the biker, himself, seeks PIP benefits from an "involved" vehicle that was not struck by the bike.

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
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