Michigan No-Fault Law, section by section › MCL 500.3106
Accidental bodily injury arising out of ownership, operation, maintenance, or use of parked vehicle as motor vehicle; conditions.
In plain terms
An injury involving a parked vehicle is generally outside PIP unless one of three exceptions applies: the vehicle was parked in a way that created an unreasonable risk, the injury came from equipment permanently mounted on the vehicle or from loading and unloading, or the person was occupying, entering or alighting from the vehicle. Subsection (2) sends most on-the-job loading, unloading, mechanical-work and entering or alighting injuries to workers' compensation instead.
How this section works in practice
A car that is parked is usually not being used "as a motor vehicle," so injuries around parked vehicles are outside PIP unless one of three exceptions applies. The first is a vehicle parked in a way that creates an unreasonable risk of the injury that happened, for example a truck left partly in a traffic lane at night. The second is injury from equipment permanently mounted on the vehicle while it is being operated, or from property being lifted onto or lowered from the vehicle during loading or unloading. The third is injury while occupying, entering or alighting from the vehicle, which covers a large share of slip-and-fall injuries on icy running boards and parking lots.
Subsection (2) takes many workplace injuries out of PIP. If an employee is hurt in the course of employment while loading, unloading or doing mechanical work on a vehicle, or while entering or alighting from it, and workers' compensation is available, PIP does not apply unless another vehicle's use caused the injury. Delivery drivers, mechanics and warehouse workers are the people most affected; their claims go to workers' compensation, and any third-party negligence claim proceeds separately.
Text of MCL 500.3106
Sec. 3106.
(1) Accidental bodily injury does not arise out of the ownership, operation, maintenance, or use of a parked vehicle as a motor vehicle unless any of the following occur:
(a) The vehicle was parked in such a way as to cause unreasonable risk of the bodily injury which occurred.
(b) Except as provided in subsection (2), the injury was a direct result of physical contact with equipment permanently mounted on the vehicle, while the equipment was being operated or used, or property being lifted onto or lowered from the vehicle in the loading or unloading process.
(c) Except as provided in subsection (2), the injury was sustained by a person while occupying, entering into, or alighting from the vehicle.
(2) Accidental bodily injury does not arise out of the ownership, operation, maintenance, or use of a parked vehicle as a motor vehicle if benefits under the worker's disability compensation act of 1969, Act No. 317 of the Public Acts of 1969, as amended, being sections 418.101 to 418.941 of the Michigan Compiled Laws, or under a similar law of another state or under a similar federal law, are available to an employee who sustains the injury in the course of his or her employment while doing either of the following:
(a) Loading, unloading, or doing mechanical work on a vehicle unless the injury arose from the use or operation of another vehicle. As used in this subdivision, "another vehicle" does not include a motor vehicle being loaded on, unloaded from, or secured to, as cargo or freight, a motor vehicle.
(b) Entering into or alighting from the vehicle unless the injury was sustained while entering into or alighting from the vehicle immediately after the vehicle became disabled. This subdivision shall not apply if the injury arose from the use or operation of another vehicle. As used in this subdivision, "another vehicle" does not include a motor vehicle being loaded on, unloaded from or secured to, as cargo or freight, a motor vehicle.
History: Add. 1972, Act 294, Eff. Mar. 30, 1973 ;-- Am. 1981, Act 209, Eff. Jan. 1, 1982 ;-- Am. 1986, Act 318, Eff. June 1, 1987
Source: MCL 500.3106 at legislature.mi.gov (official text). Text as published in the 2025 Michigan Compiled Laws; reviewed by Koussan Law on September 15, 2026.
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.
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