Michigan Compiled Laws
218-1956-31 - Chapter 31 Motor Vehicle Personal and Property Protection (500.3101...500.3179)
Section 500.3109 - Subtraction of Other Benefits From Personal Protection Benefits; Injured Person Defined; Deductible Provision.

Sec. 3109.
(1) Benefits provided or required to be provided under the laws of any state or the federal government shall be subtracted from the personal protection insurance benefits otherwise payable for the injury under this chapter.
(2) An injured person is a natural person suffering accidental bodily injury.
(3) An insurer providing personal protection insurance benefits under this chapter may offer, at appropriately reduced premium rates, a deductible of a specified dollar amount. This deductible may be applicable to all or any specified types of personal protection insurance benefits, but shall apply only to benefits payable to the person named in the policy, his or her spouse, and any relative of either domiciled in the same household.
History: Add. 1972, Act 294, Eff. Mar. 30, 1973 ;-- Am. 2012, Act 454, Imd. Eff. Dec. 27, 2012 Constitutionality: In O'Donnel v State Farm Mutual Automobile Insurance Company, 404 Mich 524; 273 NW2d 829 (1979), the Michigan supreme court held that MCL 500.3109(1) does not violate the due process clause or the equal protection clause of the state or federal constitutions.In Underhill v Safeco Insurance Company, 407 Mich 175; 284 NW2d 463 (1979), the Michigan supreme court held that subsection (3) of this section authorizing the commissioner to approve deductibles was not an unconstitutional delegation of authority.The Michigan supreme court in Mathis v Interstate Motor Freight System, 408 Mich 164; 289 NW2d 708 (1980), held that MCL 500.3109(1) as applied to workers' compensation benefits is sustainable under the equal protection clause of the Michigan constitution.Popular Name: Act 218Popular Name: Essential InsurancePopular Name: No-Fault Insurance

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Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 500 - Insurance Code of 1956

Act 218 of 1956 - The Insurance Code of 1956 (500.100 - 500.8302)

218-1956-31 - Chapter 31 Motor Vehicle Personal and Property Protection (500.3101...500.3179)

Section 500.3101 - Security for Payment of Benefits Required; Period Security Required to Be in Effect; Definitions; Policy of Insurance or Other Method of Providing Security; Filing Proof of Security; Exclusion.

Section 500.3101a - Providing Certificate of Insurance to Secretary of State and Policy Information to the Michigan Automobile Insurance Placement Facility; Vehicle Identification Number as Proof of Vehicle Insurance; Confidentiality of Policy Inform...

Section 500.3101b - Repealed. 2011, Act 91, Imd. Eff. July 15, 2011.

Section 500.3101c - Standard Certified Statement.

Section 500.3101d - Qualification as Self-Insurer; Certificate; Issuance; Cancellation.

Section 500.3102 - Nonresident Owner or Registrant of Motor Vehicle or Motorcycle to Maintain Security for Payment of Benefits; Operation of Motor Vehicle or Motorcycle by Owner, Registrant, or Other Person Without Security; Penalty; Failure to Produ...

Section 500.3103 - Owner or Registrant of Motorcycle; Security Required; Offering Security for Payment of First-Party Medical Benefits; Rates, Deductibles, and Provisions.

Section 500.3104 - Catastrophic Claims Association; Board of Directors; Plan of Operation; Annual Report; Actuarial Examination; Refund; Hearing; Annual Consumer Statement; Liability of Association; Definitions.

Section 500.3105 - Insurer Liable for Personal Protection Benefits Without Regard to Fault; “Bodily Injury” and “Accidental Bodily Injury” Defined.

Section 500.3106 - Accidental Bodily Injury Arising Out of Ownership, Operation, Maintenance, or Use of Parked Vehicle as Motor Vehicle; Conditions.

Section 500.3107 - Expenses and Work Loss for Which Personal Protection Insurance Benefits Payable.

Section 500.3107a - Basis of Work Loss for Certain Injured Persons.

Section 500.3107b - Reimbursement or Coverage for Certain Expenses Not Required.

Section 500.3107c - Personal Protection Insurance Benefits; Coverage Limits for Allowable Expenses; Form; Rebuttable Presumption; Application of Coverage Selection; Stacking of Insurance Policies; Applicability to Transportation Network Company Vehic...

Section 500.3107d - Election to Not Maintain Personal Protection Insurance Benefit Coverage; Proof of Qualified Health Coverage; Form; Failure to Make Election; Termination of Qualified Health Coverage; Definitions.

Section 500.3107e - Delivery of Forms Under MCL 500.3009, 500.3107c, 500.3107d; Method of Selection or Election for Forms.

Section 500.3108 - Survivor's Loss; Benefits.

Section 500.3109 - Subtraction of Other Benefits From Personal Protection Benefits; Injured Person Defined; Deductible Provision.

Section 500.3109a - Offering Deductibles and Exclusions Reasonably Related to Other Health and Accident Coverage; Exclusion for Qualified Health Coverage; Reduced Premium Rates; Applicability of Exclusion; Termination of Qualified Health Coverage; Re...

Section 500.3110 - Dependents of Deceased Person; Termination of Dependency; Accrual of Personal Protection Benefits.

Section 500.3111 - Payment of Personal Protection Insurance Benefits for Accident Occurring Out of State.

Section 500.3112 - Persons to Whom Personal Protection Insurance Benefits Payable; Claim to Recover Overdue Benefits; Discharge of Insurer's Liability.

Section 500.3113 - Person Not Entitled to Personal Protection Insurance Benefits.

Section 500.3114 - Persons Entitled to Personal Protection Insurance Benefits or Personal Injury Benefits; Order of Priority for Claim of Motor Vehicle Occupant or Motorcycle Operator or Passenger; Assigned Claims Plan; 2 or More Insurers in Same Ord...

Section 500.3115 - Personal Protection Insurance Benefits Under the Assigned Claims Plan for Claims of Persons Not Occupants of Vehicle.

Section 500.3116 - Value of Claim in Tort; Subtraction From or Reimbursement for Benefits.

Section 500.3121 - Liability for Accidental Damage to Tangible Property.

Section 500.3123 - Exclusions From Property Protection Insurance Benefits.

Section 500.3125 - Priorities in Claiming Property Protection Benefits.

Section 500.3127 - Distribution of Loss, Reimbursement, and Indemnification Among Property Protection Insurers.

Section 500.3131 - Residual Liability Insurance; Coverage.

Section 500.3135 - Tort Liability for Noneconomic Loss; Exceptions; Cause of Action for Damages; "Serious Impairment of Body Function" Defined.

Section 500.3136 - Tort Liability for Damage to Tangible Property From 1 Accident in Excess of Limit Under MCL 500.3121.

Section 500.3141 - Notice of Accident.

Section 500.3142 - Personal Protection Insurance Benefits Payable as Loss Accrues; Overdue Benefits; Interest.

Section 500.3143 - Assignment of Right to Future Benefits Void.

Section 500.3145 - Limitation of Actions for Recovery of Personal or Property Protection Insurance Benefits; Period of Limitations; Tolling; Notice of Injury.

Section 500.3146 - Limitation of Action by Insurer for Recovery or Indemnity.

Section 500.3148 - Attorney's Fee; Restrictions.

Section 500.3151 - Submission to Mental or Physical Examination; Physician Requirements.

Section 500.3152 - Report of Mental or Physical Examination.

Section 500.3153 - Court Orders as to Noncompliance With MCL 500.3151 and 500.3152.

Section 500.3157 - Charges for Treatment or Training for Injured Persons; Limitation on Eligibility for Payment or Reimbursement; Applicability; "Freestanding Rehabilitation Facility" Defined; Qualification for Payment Requirements; Attendant Care; N...

Section 500.3157a - Provision of Treatment, Products, Services, or Accommodations Under Personal Protection Insurance; Submission of Records for Utilization Review; False or Misleading Information Is a Fraudulent Insurance Act; Rules; Appeal of Deter...

Section 500.3157b - Proprietary Information; Exemption From Disclosure Under the Freedom of Information Act.

Section 500.3158 - Statement of Earnings; Report and Records From Medical Institution.

Section 500.3159 - Discovery.

Section 500.3163 - Automobile Insurer; Not Required to Provide Personal and Property Protection Insurance Benefits to Out-of-State Residents; Exception.

Section 500.3171 - Assigned Claims Plan; Organization and Maintenance; Participation; Costs; Rules; Adoption and Maintenance by Michigan Automobile Insurance Placement Facility; Approval of Plan; Amendments; Provisions; Report; Definitions.

Section 500.3172 - Conditions to Obtaining Personal Protection Insurance Benefits Through Assigned Claims Plan; Collection of Unpaid Benefits; Application and Reasonable Proof of Loss; Payment of Interest; Reimbursement From Defaulting Insurers; Redu...

Section 500.3173 - Certain Persons Disqualified From Receiving Benefits Under Assigned Claims Plans.

Section 500.3173a - Eligibility for Benefits; Initial Determination; Denial; Notice; False Statement.

Section 500.3174 - Notice of Claim Through Assigned Claims Plan; Assignment of Claim; Notice to Claimant; Commencement of Action by Claimant.

Section 500.3175 - Rules for Assignment of Claims; Duties of Insurer to Whom Claims Assigned; Compromises and Settlements; Procedures; Limitation on Action to Enforce Rights; Interest on Delinquent Payments; Installment Payments; Default.

Section 500.3176 - Taking Costs Into Account in Making and Regulating Rates.

Section 500.3177 - Recovery by Insurer of Benefits and Costs From Owner or Registrant of Uninsured Motor Vehicle; Written Agreement to Pay Judgment in Installments; Notice.

Section 500.3178 - Annual Report.

Section 500.3179 - Act Applicable October 1, 1973.