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Motorcyclist denied benefits where "involvement of motor vehicle" is deemed inadmisible hearsay

Lisa Redford sued the Auto Club to collect PIP benefits after she was injured in a motorcycle accident.  Motorcycle riders can only collect No Fault PIP benefits (medical and limited wages and services) if they are hurt in a collision that "involves" a car or truck.  In this case, it was alleged that the motorcycle left the road after a lane conflict with a semi-tractor, however, the only evidence of this conflict was a statement by the truck passenger to police.

When the matter came to court, the passenger denied making the statement and the standard exceptions to the hearsay rule (like "an excited utterance") were deemed inapplicable.  On that basis, it was held that the collision did not involve any motor vehicle and Redford was denied PIP benefits.

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