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Electric Wheelchair Determined to be Motor Vehicle and Required Insurance

Neil E. Hansen won a Motion for Summary Disposition in a lawsuit for personal protection insurance (PIP) benefits in the case of Hindenlang v State Farm. Defendant argued that the undisputed facts established that Plaintiff was operating an electric wheelchair in the roadway at the time the underlying accident occurred. When the accident happened, Plaintiff sought to collect PIP benefits under the insurance policy covering the driver of the other vehicle involved in the accident. The Court ruled that the undisputed facts established that the electric wheelchair met the statutory definition of a motor vehicle, and therefore that Plaintiff was required to insure the vehicle. By failing to do so, Plaintiff was statutorily disqualified from receipt of PIP benefits.

Adjuster Tip:

Think twice about the information placed in your log notes and before you hit save!  Is the information accurate?  Is the information objective and neutral?  How will it read to a jury if read, or blown up, later?