Victim of ATV injury suffered on highway can collect PIP benefits: Farm Bureau pays costs
Leslie Shankster was injured in a single-vehicle accident involving his ORV. The accident occurred on a public road. Since the ATV has four wheels and was operated on a public road, Shankster is entitled to collect no fault PIP benefits, even though the ATV was not insured-- or insurable-- as a no fault "motor vehicle" (because it was not 'designed for use on the highway'). Farm Bureau attempted to get around the existing law by arguing that as a matter of public policy, occupants of ATVs should never be entitled to obtain PIP benefits, even though the plain language of the no fault law had made them eligible when riding on a highway, for 30 years. The appellate court unanimously rejected Farm Bureau's arguement and awarded costs to Shankster as the prevailing party.