Sec. 20.
Where judgment has been obtained against the secretary, he may apply at any time thereafter to the court where judgment has been obtained for an order declaring that any person was, at the time of the accident, the owner or driver of the motor vehicle that occasioned the death or injury or property damage in respect of which the judgment was obtained. Upon the making of an order declaring that any person was the owner or driver of a motor vehicle:
(a) The person, for the purpose of this act, shall be deemed to be the defendant in the action in which judgment was given against the secretary, and the judgment against the secretary shall be deemed to be a judgment against the person; and
(b) The secretary shall be deemed to have a judgment against the person for the amount of all moneys paid out of the fund in respect of the judgment and accordingly has all the rights of a judgment creditor, including the right to recover any moneys that would have been payable in respect of the death or injury or property damage under any policy of insurance that was in force at the time of the accident.
History: 1965, Act 198, Eff. Nov. 1, 1965
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Section 257.1104 - Repealed. 1980, Act 459, Imd.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Section 257.1114 - Repealed. 1967, Act 274, Imd.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.