Snowbirds at Risk in Michigan

Personal Injury Law

When the Michigan no-fault act (MCL 500.3101, et seq) was amended in June of 2019, it stripped no-fault medical benefits from auto insurance coverage from certain Michiganders and visitors to our beautiful State.  It used to be that auto insurance coverage for vehicles not registered in Michigan, by law, converted into Michigan no-fault policies covering medical bills, so long as the insurer (e.g., GEICO) did business in the State (which it does).  So, somebody visiting Michigan from out-of-state who then got into a wreck and was injured, was able to have their medical bills paid by their auto insurer.  Similarly, it is not uncommon for Michigan residents to spend winters away, somewhere warm.  And it is not uncommon for those Snowbirds to have one vehicle that is registered in that other state where they commute it to/from during the fall and spring from Michigan.  So how does this affect Michigan Snowbirds?  Answer: terribly.

That prior law covering visitors and Snowbirds with vehicles registered in the other state for commuting back and forth, no longer exists.  That auto insurance no longer covers medical bills in the event of a wreck, while that vehicle is being used in Michigan.  So, think about: as soon as the Snowbird gets into his vehicle and leaves the Michigan home driveway, onto any public road, there is no medical coverage on that vehicle.  Period.  Also, pay attention to the legal mandate in Michigan relative to automobiles.  Section 3102(1) of the No-fault act states:

“A nonresident owner or registrant of a motor vehicle or motorcycle not registered in this state shall not operate or permit the motor vehicle or motorcycle to be operated in this state for an aggregate of more than 30 days in any calendar year unless he or she continuously maintains security for the payment of benefits pursuant to this chapter.” 

And failure to maintain such no-fault coverage, may result in a criminal misdemeanor conviction and fines.  In this regard, Section 3102(2) states, in pertinent part:

“An owner or registrant of a motor vehicle or motorcycle with respect to which security is required, who operates the motor vehicle or motorcycle or permits it to be operated upon a public highway in this state, without having in full force and effect security complying with this section or section 3101 or 3103 is guilty of a misdemeanor. A person who operates a motor vehicle or motorcycle upon a public highway in this state with the knowledge that the owner or registrant does not have security in full force and effect is guilty of a misdemeanor. A person convicted of a misdemeanor under this section shall be fined not less than $200.00 nor more than $500.00, imprisoned for not more than 1 year, or both.”

In closing, whatever motivated the Michigan Snowbird to register a second motor vehicle in the other state, and use it back here while in Michigan, should be re-evaluated with your insurance agent.  The risk is just too great to drive that vehicle without the proper Michigan no-fault coverage.  There are no exceptions.

Authored by L. Page Graves 

If you have any questions, please contact L. Page Graves.

Traverse City Office
534 E. Front Street
Traverse City, Michigan 49686
231-946-0700 (fax: 231-946-1735)

Traverse City Mailing Address
PO Box 705
Traverse City, Michigan 49685