Michigan No-Fault Law, section by section › MCL 500.3153
Court orders as to noncompliance with MCL 500.3151 and 500.3152.
In plain terms
A court may enter orders addressing a refusal to submit to an examination or to exchange reports, including taking the condition as established against the refusing party, barring evidence, entering a default judgment, awarding the insurer its attorney fees, or excluding an examiner's testimony. It may not order an arrest.
How this section works in practice
If a claimant refuses to attend an examination under section 3151 or to exchange reports under section 3152, the court may enter any just order, short of ordering an arrest. The listed options are severe: treating the claimant's condition as established in the insurer's favor, barring the claimant from offering evidence of the condition or from supporting or opposing particular claims, entering a default judgment on all or part of the claim, ordering the claimant to reimburse the insurer's attorney fees and costs of defense, and excluding an examiner's testimony where a physician refuses to produce a report. The message is that objections to an examination should be raised through counsel and, if necessary, decided by a court in advance, not by staying home on the appointment date.
Text of MCL 500.3153
Sec. 3153.
A court may make such orders in regard to the refusal to comply with sections 3151 and 3152 as are just, except that an order shall not be entered directing the arrest of a person for disobeying an order to submit to a physical or mental examination. The orders that may be made in regard to such a refusal include, but are not limited to:
(a) An order that the mental or physical condition of the disobedient person shall be taken to be established for the purposes of the claim in accordance with the contention of the party obtaining the order.
(b) An order refusing to allow the disobedient person to support or oppose designated claims or defenses, or prohibiting him from introducing evidence of mental or physical condition.
(c) An order rendering judgment by default against the disobedient person as to his entire claim or a designated part of it.
(d) An order requiring the disobedient person to reimburse the insurer for reasonable attorneys' fees and expenses incurred in defense against the claim.
(e) An order requiring delivery of a report, in conformity with section 3152, on such terms as are just, and if a physician fails or refuses to make the report a court may exclude his testimony if offered at trial.
History: Add. 1972, Act 294, Eff. Mar. 30, 1973
Source: MCL 500.3153 at legislature.mi.gov (official text). Text as published in the 2025 Michigan Compiled Laws; reviewed by Koussan Law on September 15, 2026.
Sections this one refers to
- MCL 500.3151: Insurer Medical Examinations
- MCL 500.3152: Exchange of Examination Reports
Sections that refer to this one
- MCL 500.3173a: MAIPF Eligibility, Cooperation and Fraud
Practice pages
Important: This is not legal advice
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