Sec. 5.
The secretary is deemed to be an agent of the owner or operator of every uninsured motor vehicle for service of process in an action in this state arising out of the use or operation in this state of the uninsured motor vehicle. Where an action is commenced, summons and complaint shall be served on the secretary by certified or registered mail or by leaving a copy thereof with or at the office of the secretary who shall forward a copy of the summons and complaint forthwith by certified mail to the defendant at his last address as recorded with the secretary. In an action to recover damages arising out of the use or operation of an uninsured motor vehicle, failure to serve summons and complaint upon the secretary shall constitute a bar to recovery from the fund. In actions where summons and complaint have been served upon the secretary, the secretary shall have the right to intervene in the action as a party defendant. This act does not apply to an accident occurring after the effective date of this amendatory act for which benefits are payable in whole or in part under sections 3101 to 3179 of Act No. 218 of the Public Acts of 1956, as amended. A payment shall not be made under this act for an accident occurring after the effective date of this amendatory act to an owner or registrant of a motor vehicle for which security under sections 3101 to 3179 of Act No. 218 of the Public Acts of 1956, as amended, is required.
History: 1965, Act 198, Eff. Nov. 1, 1965 ;-- Am. 1967, Act 274, Imd. Eff. July 20, 1967 ;-- Am. 1974, Act 223, Imd. Eff. July 26, 1974
Structure Michigan Compiled Laws
Act 198 of 1965 - Motor Vehicle Accident Claims Act (257.1101 - 257.1133)
Section 257.1101 - Motor Vehicle Accident Claims Act; Short Title.
Section 257.1102 - Definitions.
Section 257.1103a - Transfer of Cash to General Fund; Reimbursement.
Section 257.1104 - Repealed. 1980, Act 459, Imd. Eff. Jan. 15, 1981.
Section 257.1108 - Default Judgment; Notice to Secretary of State; Reopening; Settlements.
Section 257.1109 - Prerequisite to Payments From Fund; Settlement of Claim.
Section 257.1110 - Suspension of Licenses; Reinstatement, Conditions.
Section 257.1111 - Default in Installment Payment; Suspension of Licenses.
Section 257.1114 - Repealed. 1967, Act 274, Imd. Eff. July 20, 1967.
Section 257.1115 - Death or Injury by Stolen Vehicle; Action Against Secretary of State.
Section 257.1116 - Death or Injury by Stolen Vehicle; General Denial by Secretary of State.
Section 257.1118 - Recovery Against Fund; Limitation of Action; Notice.
Section 257.1119 - Judgment Against Secretary of State; Payment; Property Damage Payment.
Section 257.1122 - Payment From Fund; Prohibited When Damages Paid or Payable From Insurance.
Section 257.1124 - Residence; Date of Determination.
Section 257.1125 - Nonresident; Payment From Fund Prohibited, Exception.
Section 257.1127 - Administration of Act; Costs, Payment; Appropriation.
Section 257.1128 - Claims or Actions Against Fund; Limitation.
Section 257.1129 - Coverage by Workmen's Compensation Law; Recovery From Fund; Exception.
Section 257.1130 - Practice and Procedure in Courts Where Application Made; Appeals.
Section 257.1131 - Effective Date of Act.
Section 257.1132 - Total Loss of Vehicle; Surrender of Title, Junking.
Section 257.1133 - Act Inapplicable to Accidents Occurring After January 2, 1976.