Michigan No-Fault Law, section by section › MCL 500.3105
Insurer liable for personal protection benefits without regard to fault; "bodily injury" and "accidental bodily injury" defined.
In plain terms
The core PIP promise: an insurer must pay benefits for accidental bodily injury arising out of the ownership, operation, maintenance or use of a motor vehicle as a motor vehicle, without regard to fault. Bodily injury includes death and damage to prosthetic devices, and an injury is "accidental" unless the injured person suffered it intentionally or the claimant caused it intentionally.
How this section works in practice
Everything in the PIP system starts here. An insurer must pay personal protection insurance benefits for "accidental bodily injury arising out of the ownership, operation, maintenance or use of a motor vehicle as a motor vehicle," and it must pay without regard to fault. The at-fault driver's negligence, your own carelessness, an unavoidable accident: none of it matters to the PIP claim.
Three phrases carry most of the litigation. "Arising out of" requires a real causal connection between the vehicle's use and the injury, more than the fact that the person happened to be in a car; an assault that takes place in a vehicle, for example, generally does not qualify. "As a motor vehicle" asks whether the vehicle was being used for transportation rather than as, say, a stationary workspace or a place to sleep. "Accidental" is judged from the point of view of the person claiming benefits, so a passenger hurt by a driver's deliberate act is still an accident victim. Subsection (3) confirms that bodily injury includes death and damage to prosthetic devices.
If the injury fits this section, the next questions are what is payable (section 3107), which insurer pays (section 3114) and whether any disqualification applies (section 3113).
Text of MCL 500.3105
Sec. 3105.
(1) Under personal protection insurance an insurer is liable to pay benefits for accidental bodily injury arising out of the ownership, operation, maintenance or use of a motor vehicle as a motor vehicle, subject to the provisions of this chapter.
(2) Personal protection insurance benefits are due under this chapter without regard to fault.
(3) Bodily injury includes death resulting therefrom and damage to or loss of a person's prosthetic devices in connection with the injury.
(4) Bodily injury is accidental as to a person claiming personal protection insurance benefits unless suffered intentionally by the injured person or caused intentionally by the claimant. Even though a person knows that bodily injury is substantially certain to be caused by his act or omission, he does not cause or suffer injury intentionally if he acts or refrains from acting for the purpose of averting injury to property or to any person including himself.
History: Add. 1972, Act 294, Eff. Mar. 30, 1973
Source: MCL 500.3105 at legislature.mi.gov (official text). Text as published in the 2025 Michigan Compiled Laws; reviewed by Koussan Law on September 15, 2026.
Sections that refer to this one
- MCL 500.3173: Disqualification From Assigned Claims
Practice pages
Important: This is not legal advice
This article is general information about Michigan personal injury law. It is not legal advice and should not be relied on as a substitute for consultation with a licensed Michigan attorney about your specific situation. The laws, deadlines, procedures, and frameworks here are general guidelines that may or may not apply to your case.
Every personal injury case turns on its own unique facts. The timing, the parties, the evidence, the jurisdiction, the insurance available, and dozens of other variables can change the legal analysis. Do not rely on anything written on this website to make decisions about your case.
If you have been injured in Michigan, the only responsible step is to speak with a licensed Michigan attorney about your specific facts. Call Koussan Law at (313) 800-0000 for a free consultation, or contact a different Michigan personal injury attorney of your choosing.
Reading this article does not create an attorney-client relationship with Koussan Law. Past results do not guarantee future outcomes.
