reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 198 of 1965 - Motor Vehicle Accident Claims Act (257.1101 - 257.1133) › Section 257.1108 - Default Judgment; Notice to Secretary of State; Reopening; Settlements.

257.1108 Default judgment; notice to secretary of state; reopening; settlements.
Sec. 8.
(1) Section 7 does not apply in the case of a judgment entered in an action in which the defendant did not enter an appearance, did not file an answer, or did not appear in person or by counsel at the trial, or judgment was entered upon the consent or with the agreement of the defendant, unless the secretary has been given notice in writing of the failure, consent or agreement and has been afforded an opportunity to take such action as he may deem advisable under subsection (2).
(2) Where the secretary is served with notice in writing under this section, he may enter an appearance within 30 days, file an answer, make payment into court, appear by counsel at the trial or take such other action as he may deem appropriate on behalf and in the name of the defendant, and thereupon, on behalf and in the name of the defendant, may conduct his defense, and may consent to judgment in such amount as he may deem proper in all the circumstances, and all acts done in accordance therewith shall be deemed to be the acts of the defendants.
(3) Where pleadings have been closed, the secretary, upon giving notice to the court and to all proper parties to the action that he intends to defend the action on behalf and in the name of the defendant, may reopen the pleadings upon praecipe.
(4) In any action to recover damages arising out of the use or operation of an uninsured motor vehicle any settlement made between the plaintiff and defendant shall not be binding upon the secretary or the fund unless the secretary consents thereto.
History:
1965, Act 198, Eff. Nov. 1, 1965 ;-- Am. 1968, Act 223, Eff. July 1, 1968
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 198 of 1965 - Motor Vehicle Accident Claims Act (257.1101 - 257.1133) › Section 257.1109 - Prerequisite to Payments From Fund; Settlement of Claim.

257.1109 Prerequisite to payments from fund; settlement of claim.
Sec. 9.
The secretary shall not pay out of the fund any sum under section 7 until the judgment creditor assigns the judgment to him. The secretary may make settlement of a claim which is brought pursuant to section 13 and pay out of the fund any sum necessary to satisfy the settlement.
History:
1965, Act 198, Eff. Nov. 1, 1965 ;-- Am. 1971, Act 19, Imd. Eff. May 5, 1971
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 198 of 1965 - Motor Vehicle Accident Claims Act (257.1101 - 257.1133) › Section 257.1110 - Suspension of Licenses; Reinstatement, Conditions.

257.1110 Suspension of licenses; reinstatement, conditions.
Sec. 10.
Where the secretary pays out of the fund any amount in satisfaction of a judgment, the operator's or chauffeur's license and vehicle registration or registrations of the judgment debtor on whose behalf the payment is made shall be forthwith suspended by the secretary and shall remain suspended until he has:
(a) Repaid in full to the fund the amount paid out; or
(b) Commenced installment repayments in accordance with an agreement entered into with the secretary, and filed proof of his financial responsibility until the amount paid out to satisfy the judgment by the motor vehicle accident claims fund has been repaid in full.
History:
1965, Act 198, Eff. Nov. 1, 1965 ;-- Am. 1967, Act 274, Imd. Eff. July 20, 1967
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 198 of 1965 - Motor Vehicle Accident Claims Act (257.1101 - 257.1133) › Section 257.1111 - Default in Installment Payment; Suspension of Licenses.

257.1111 Default in installment payment; suspension of licenses.
Sec. 11.
When a person is in default of any installment payment for a period of 10 days, or fails to maintain proof of financial responsibility as required by this act, the secretary shall forthwith suspend the operator's or chauffeur's license and vehicle registration of the person.
History:
1965, Act 198, Eff. Nov. 1, 1965 ;-- Am. 1967, Act 274, Imd. Eff. July 20, 1967
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 198 of 1965 - Motor Vehicle Accident Claims Act (257.1101 - 257.1133) › Section 257.1112 - Death or Injury by Unidentified Vehicle or Driver; Action Against Fund; Condition Precedent.

257.1112 Death or injury by unidentified vehicle or driver; action against fund; condition precedent.
Sec. 12.
Where the death of or personal injury to any person is occasioned in this state by a motor vehicle but the identity of the motor vehicle and of the driver and owner thereof cannot be established, any person who would have a cause of action against the owner or driver in respect to the death or personal injury may bring an action against the secretary, either alone or as a codefendant with others alleged to be responsible for the death or personal injury. In any action commenced under this section, physical contact by the unidentified vehicle with the plaintiff or with a vehicle occupied by the plaintiff, is a condition precedent to such action.
History:
1965, Act 198, Eff. Nov. 1, 1965 ;-- Am. 1965, Act 389, Imd. Eff. Oct. 25, 1965 ;-- Am. 1968, Act 223, Eff. July 1, 1968
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 198 of 1965 - Motor Vehicle Accident Claims Act (257.1101 - 257.1133) › Section 257.1113 - Death or Injury by Unidentified Vehicle or Driver; Adding Secretary as Defendant; Condition.

257.1113 Death or injury by unidentified vehicle or driver; adding secretary as defendant; condition.
Sec. 13.
Where an action has been commenced in respect of the death of or injury to any person occasioned in this state by a motor vehicle and it is alleged that the death or injury was caused or contributed to by another motor vehicle, the identity of which and the owner and the driver thereof cannot be established, the secretary may be added as a defendant on the application of any party and shall be added as a defendant on his own application. The secretary may not be added as a defendant under this section unless physical contact by the unidentified motor vehicle with the plaintiff or with the vehicle occupied by the plaintiff or with such other vehicle which was involved in the accident has been established.
History:
1965, Act 198, Eff. Nov. 1, 1965 ;-- Am. 1965, Act 389, Imd. Eff. Oct. 25, 1965 ;-- Am. 1968, Act 223, Eff. July 1, 1968
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 198 of 1965 - Motor Vehicle Accident Claims Act (257.1101 - 257.1133) › Section 257.1114 - Repealed. 1967, Act 274, Imd. Eff. July 20, 1967.

257.1114 Repealed. 1967, Act 274, Imd. Eff. July 20, 1967.
Compiler's Notes:
The repealed section pertained to motor vehicle accident claims act trial when secretary of state is defendant.
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 198 of 1965 - Motor Vehicle Accident Claims Act (257.1101 - 257.1133) › Section 257.1115 - Death or Injury by Stolen Vehicle; Action Against Secretary of State.

257.1115 Death or injury by stolen vehicle; action against secretary of state.
Sec. 15.
When the death of or personal injury or property damage to any person or property is occasioned in this state by a motor vehicle at a time when the motor vehicle was without the owner's consent in the possession of some person other than the owner and the identity of the person in possession of the motor vehicle cannot be established, any person who would have a cause of action against the person in possession of the motor vehicle in respect of the death or injury or property damage may bring an action against the secretary.
History:
1965, Act 198, Eff. Nov. 1, 1965
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 198 of 1965 - Motor Vehicle Accident Claims Act (257.1101 - 257.1133) › Section 257.1116 - Death or Injury by Stolen Vehicle; General Denial by Secretary of State.

257.1116 Death or injury by stolen vehicle; general denial by secretary of state.
Sec. 16.
In an action against the secretary, he may deny generally the allegations in respect to the unidentified motor vehicle and unidentified owner and driver thereof and shall not be required to set forth the facts upon which he relies.
History:
1965, Act 198, Eff. Nov. 1, 1965
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 198 of 1965 - Motor Vehicle Accident Claims Act (257.1101 - 257.1133) › Section 257.1117 - Death or Injury by Stolen Vehicle; Judgment Against Secretary of State, Prerequisites.

257.1117 Death or injury by stolen vehicle; judgment against secretary of state, prerequisites.
Sec. 17.
In an action against the secretary, a judgment against him shall not be granted unless the court in which the action is brought is satisfied that all reasonable efforts have been made by the parties, other than the secretary, to ascertain the identity of the motor vehicle and of the owner and driver thereof, and that:
(a) In the case of actions under section 12, the identity of the motor vehicle and of the owner and driver thereof cannot be established; or
(b) In the case of actions under section 15, the identity of the driver of the motor vehicle that caused the death or injury or property damage cannot be established.
History:
1965, Act 198, Eff. Nov. 1, 1965
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 198 of 1965 - Motor Vehicle Accident Claims Act (257.1101 - 257.1133) › Section 257.1118 - Recovery Against Fund; Limitation of Action; Notice.

257.1118 Recovery against fund; limitation of action; notice.
Sec. 18.
In all actions in which recovery is to be sought against the fund, said action must be commenced within 3 years from the time the cause of action accrues. Recovery from the fund shall not be allowed in any event unless notice of intent to claim against the fund is served upon the secretary, on a form prescribed by him, within 6 months of the date that the cause of action shall accrue.
History:
1965, Act 198, Eff. Nov. 1, 1965 ;-- Am. 1968, Act 223, Eff. July 1, 1968
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 198 of 1965 - Motor Vehicle Accident Claims Act (257.1101 - 257.1133) › Section 257.1119 - Judgment Against Secretary of State; Payment; Property Damage Payment.

257.1119 Judgment against secretary of state; payment; property damage payment.
Sec. 19.
Where judgment is obtained against the secretary upon the determination of all proceedings, including appeals, the secretary, subject to the limitations provided in this act, shall pay out of the fund to the plaintiff in the action, the entire amount of the judgment with respect to death or personal injury, and that part of the judgment in excess of $200.00, in respect to property damage.
History:
1965, Act 198, Eff. Nov. 1, 1965 ;-- Am. 1965, Act 389, Eff. Oct. 25, 1965
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 198 of 1965 - Motor Vehicle Accident Claims Act (257.1101 - 257.1133) › Section 257.1120 - Judgment Against Secretary of State; Application for Order Identifying Owner or Driver of Motor Vehicle; Order, Effect.

257.1120 Judgment against secretary of state; application for order identifying owner or driver of motor vehicle; order, effect.
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
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 198 of 1965 - Motor Vehicle Accident Claims Act (257.1101 - 257.1133) › Section 257.1121 - Judgment Against Secretary of State; Secretary Not Personally Liable to Satisfy Judgment.

257.1121 Judgment against secretary of state; secretary not personally liable to satisfy judgment.
Sec. 21.
In an action brought against the secretary, he is not personally liable to satisfy a judgment obtained in the action.
History:
1965, Act 198, Eff. Nov. 1, 1965
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 198 of 1965 - Motor Vehicle Accident Claims Act (257.1101 - 257.1133) › Section 257.1122 - Payment From Fund; Prohibited When Damages Paid or Payable From Insurance.

257.1122 Payment from fund; prohibited when damages paid or payable from insurance.
Sec. 22.
(1) No payment shall be made out of the fund for payment of damages arising out of motor vehicle accidents occurring in this state prior to January 1, 1966.
(2) No payment shall be made out of the fund in respect to a claim or judgment for damages or in respect to a judgment against the secretary, of any amount paid or payable by an insurer by reason of the existence of a policy of insurance or of any amount paid or payable by any other person by reason of the existence of any policy, contract, agreement or arrangement, providing for the payment of compensation, indemnity or other benefits.
(3) No amount sought to be paid out of the fund shall be sought in lieu of making a claim or receiving a payment that is payable by reason of the existence of a policy of insurance, or in lieu of making a claim or receiving a payment that is payable by reason of the existence of any policy, contract, agreement or arrangement, providing for the payment of compensation, indemnity or other benefits, to which the claimant would be entitled in the absence of this act.
(4) In determining the amount which is payable from the fund under subsections (2) and (3) of this section and section 23, of this act, no consideration shall be given to any amount received or receivable by or paid or payable to or for the benefit of any person, under a policy of life insurance or under any policy, contract or agreement, providing for the payment of any hospital or medical expenses.
(5) No amount sought to be paid out of the fund shall be sought, directly or indirectly, for payment to or on behalf of any insurer or other person to reimburse or indemnify the insurer or such other person for any amount paid or payable by the insurer or such other person, by reason of the existence of any policy of insurance or any contract, agreement or arrangement, providing for the payment of any compensation, indemnity or other benefits.
History:
1965, Act 198, Eff. Nov. 1, 1965 ;-- Am. 1965, Act 389, Imd. Eff. Oct. 25, 1965
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 198 of 1965 - Motor Vehicle Accident Claims Act (257.1101 - 257.1133) › Section 257.1123 - Payments for Injury, Death, or Property Damage; Limitations; Recovery of Excess Payments.

257.1123 Payments for injury, death, or property damage; limitations; recovery of excess payments.
Sec. 23.
(1) In respect to applications under this act for payment of damages arising out of motor vehicle accidents occurring in this state on or after January 1, 1966, the secretary shall not pay out of the fund, (a) more than $20,000.00, exclusive of costs, on account of injury to or the death of 1 person, and, subject to such limit for any one person so injured or killed, not more than $40,000.00, exclusive of costs, on account of injury to or the death of 2 or more persons in any one accident; and (b) more than $10,000.00, exclusive of costs, for loss of or damage to property resulting from any one accident.
(2) Where any amount is recovered from any other source in partial discharge of the claim or judgment, or where a claim or judgment for damages is reduced by an amount paid or payable by an insurer or any other person, as provided in subsections (2) or (3) of section 22, then the limitations set forth in subsection 1 of this section shall be applicable to the excess of the claim or judgment over the amount by which the claim or judgment is partially satisfied or is reduced under subsections (2) or (3) of section 22. Any amount paid out of the fund in excess of the amount authorized by this section may be recovered by action brought by the secretary.
History:
1965, Act 198, Eff. Nov. 1, 1965 ;-- Am. 1965, Act 389, Imd. Eff. Oct. 25, 1965 ;-- Am. 1971, Act 119, Eff. Oct. 1, 1971
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 198 of 1965 - Motor Vehicle Accident Claims Act (257.1101 - 257.1133) › Section 257.1124 - Residence; Date of Determination.

257.1124 Residence; date of determination.
Sec. 24.
In this act, residence shall be determined as of the date of the motor vehicle accident as a result of which the damages are claimed.
History:
1965, Act 198, Eff. Nov. 1, 1965
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 198 of 1965 - Motor Vehicle Accident Claims Act (257.1101 - 257.1133) › Section 257.1125 - Nonresident; Payment From Fund Prohibited, Exception.

257.1125 Nonresident; payment from fund prohibited, exception.
Sec. 25.
The secretary shall not pay out of the fund any amount in favor of a person who resides outside of this state unless the person resides in a jurisdiction in which recourse of a substantially similar character to that provided by this act is afforded to residents of this state, but no payment shall include an amount that would not be payable by the law of the jurisdiction in which the person resides.
History:
1965, Act 198, Eff. Nov. 1, 1965
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 198 of 1965 - Motor Vehicle Accident Claims Act (257.1101 - 257.1133) › Section 257.1126 - Administration of Act by Secretary of State; Employment of Assistants; Use of Staff of Attorney General; Wages and Professional Fees, Payment.

257.1126 Administration of act by secretary of state; employment of assistants; use of staff of attorney general; wages and professional fees, payment.
Sec. 26.
The secretary may employ such office, clerical and professional help and claims investigators as is necessary to carry out the provisions of this act. The attorney general shall assign members of his staff to assist the secretary and may contract with such private attorneys as are necessary to defend actions against the fund. All wages and professional fees for services hereunder shall be charged to and payable from the fund.
History:
1965, Act 198, Eff. Nov. 1, 1965
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 198 of 1965 - Motor Vehicle Accident Claims Act (257.1101 - 257.1133) › Section 257.1127 - Administration of Act; Costs, Payment; Appropriation.

257.1127 Administration of act; costs, payment; appropriation.
Sec. 27.
All costs incurred by the secretary in the administration of this act shall be charged to and paid from the fund. There is appropriated from the motor vehicle accident claims fund sufficient amounts to make all payments for claims or judgments for damages which are proper and in accordance with the law governing such payments upon approval and audit of the department of state.
History:
1965, Act 198, Eff. Nov. 1, 1965 ;-- Am. 1968, Act 223, Eff. July 1, 1968
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 198 of 1965 - Motor Vehicle Accident Claims Act (257.1101 - 257.1133) › Section 257.1128 - Claims or Actions Against Fund; Limitation.

257.1128 Claims or actions against fund; limitation.
Sec. 28.
All claims or actions under which any person seeks to recover from the fund shall be filed or commenced within 3 years from the date of accident.
History:
1965, Act 198, Eff. Nov. 1, 1965
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 198 of 1965 - Motor Vehicle Accident Claims Act (257.1101 - 257.1133) › Section 257.1129 - Coverage by Workmen's Compensation Law; Recovery From Fund; Exception.

257.1129 Coverage by workmen's compensation law; recovery from fund; exception.
Sec. 29.
Any person covered with respect to such injury or death by workmen's compensation law or the personal representative of such person shall not be permitted to recover from the fund except for property damage.
History:
1965, Act 198, Eff. Nov. 1, 1965 ;-- Am. 1969, Act 103, Eff. Mar. 20, 1970
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 198 of 1965 - Motor Vehicle Accident Claims Act (257.1101 - 257.1133) › Section 257.1130 - Practice and Procedure in Courts Where Application Made; Appeals.

257.1130 Practice and procedure in courts where application made; appeals.
Sec. 30.
The practice and procedure of the supreme court or the court in which the application or action is brought, including the right of appeal and the practice and procedure relating to appeals, apply to an application or action brought under this act.
History:
1965, Act 198, Eff. Nov. 1, 1965
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 198 of 1965 - Motor Vehicle Accident Claims Act (257.1101 - 257.1133) › Section 257.1131 - Effective Date of Act.

257.1131 Effective date of act.
Sec. 31.
This act shall become effective November 1, 1965.
History:
1965, Act 198, Eff. Nov. 1, 1965
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 198 of 1965 - Motor Vehicle Accident Claims Act (257.1101 - 257.1133) › Section 257.1132 - Total Loss of Vehicle; Surrender of Title, Junking.

257.1132 Total loss of vehicle; surrender of title, junking.
Sec. 32.
When payment is made for property damage to a vehicle which payment represents the total value of the vehicle less the $200.00 deductible the secretary may require that the certificate of title of the vehicle be surrendered for cancellation as a junk vehicle. When the certificate of title is surrendered under this section the secretary shall issue a memorandum of title which will enable the owner of the vehicle to dispose of it as junk or salvage.
History:
Add. 1969, Act 252, Imd. Eff. Aug. 11, 1969
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 198 of 1965 - Motor Vehicle Accident Claims Act (257.1101 - 257.1133) › Section 257.1133 - Act Inapplicable to Accidents Occurring After January 2, 1976.

257.1133 Act inapplicable to accidents occurring after January 2, 1976.
Sec. 33.
This act does not apply to accidents occurring after the effective date of this amendatory act.
History:
Add. 1975, Act 322, Imd. Eff. Jan. 2, 1976
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Repealed - Act 258 of 1968 - Ambulances (257.1201 - 257.1217)

AMBULANCES
Act 258 of 1968
257.1201-257.1217 Repealed. 1969, Act 260, Imd. Eff. Aug. 11, 1969;—1976, Act 330, Eff. Mar. 31, 1977.
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 263 of 2005 - Vehicle Protection Product Act (257.1241 - 257.1263) › Section 257.1241 - Short Title.

257.1241 Short title.
Sec. 1.
This act shall be known and may be cited as the "vehicle protection product act".
History:
2005, Act 263, Eff. June 14, 2006
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 263 of 2005 - Vehicle Protection Product Act (257.1241 - 257.1263) › Section 257.1243 - Definitions.

257.1243 Definitions.
Sec. 3.
As used in this act:
(a) "Administrator" means a third party other than the warrantor who is designated by the warrantor to be responsible for the administration of vehicle protection product warranties in this state.
(b) "Department" means the department of labor and economic growth.
(c) "Incidental costs" means expenses specified in a warranty incurred by a warranty holder and related to the failure of a vehicle protection product to perform as provided in the warranty. Incidental costs may include, but are not limited to, insurance policy deductibles, rental vehicle charges, the difference between the actual value of a stolen vehicle at the time of theft and the cost of a replacement vehicle, sales taxes, registration fees, transaction fees, and mechanical inspection fees.
(d) "Person" means an individual, partnership, corporation, limited liability company, association, or other legal entity.
(e) "Vehicle protection product" means a vehicle protection device, system, or service that is installed on or applied to a vehicle and is designed to prevent loss or damage to a vehicle from a specific cause. Except as provided in this subdivision, the term includes, but is not limited to, alarm systems, body part marking products, steering locks, window etch products, pedal and ignition locks, fuel and ignition kill switches, and electronic, radio, and satellite tracking devices. The term does not include a vehicle protection device, system, or service that is installed on or applied to a vehicle by the vehicle manufacturer at the vehicle assembly facility.
(f) "Vehicle protection product warrantor" or "warrantor" means a person that is contractually obligated to a warranty holder under the terms of a vehicle protection product warranty agreement. Warrantor does not include an insurer regulated under the insurance code of 1956, 1956 PA 218, MCL 500.100 to 500.8302.
(g) "Vehicle protection product warranty" or "warranty" means a written agreement by a warrantor that provides if a warranted product fails to prevent loss or damage to a vehicle from a specific cause covered by the warranty, the warrantor shall pay the warranty holder specified incidental costs that result from the failure of the warranted product to perform.
(h) "Warranted product" means a vehicle protection product covered by a written warranty.
(i) "Warranty holder" means a person who purchases a warranted product or who is a permitted transferee.
(j) "Warranty reimbursement insurance policy" means a policy of insurance that is issued to a vehicle protection product warrantor to provide reimbursement to the warrantor or to pay on behalf of the warrantor all covered contractual obligations incurred by the warrantor under the terms and conditions of an insured vehicle protection product warranty sold by a warrantor.
History:
2005, Act 263, Eff. June 14, 2006
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 263 of 2005 - Vehicle Protection Product Act (257.1241 - 257.1263) › Section 257.1245 - Sale of Warranted Product; Compliance Required; Exception.

257.1245 Sale of warranted product; compliance required; exception.
Sec. 5.
(1) A person shall not sell or offer for sale a warranted product in this state unless the seller, warrantor, and any administrator comply with the provisions of this act.
(2) A vehicle protection product warrantor, a seller of a warranted product, or an administrator that complies with this act is not required to comply with and is not subject to the insurance code of 1956, 1956 PA 218, MCL 500.100 to 500.8302.
History:
2005, Act 263, Eff. June 14, 2006
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 263 of 2005 - Vehicle Protection Product Act (257.1241 - 257.1263) › Section 257.1247 - Notice; Form; Filing; Contents; Availability to Public; Fee; Failure to File Notice; Exception.

257.1247 Notice; form; filing; contents; availability to public; fee; failure to file notice; exception.
Sec. 7.
(1) A person may not act as a warrantor or represent to the public that the person is a warrantor unless the person files a notice with the department, on a form prescribed by the department, that contains all of the following information:
(a) The warrantor’s name, any assumed or fictitious names under which the warrantor does business in this state, and the warrantor's principal office address and telephone number.
(b) The name and address of the warrantor’s designated agent for service of process in this state if it is not the warrantor.
(c) The names of the warrantor’s executive officer or officers directly responsible for the warrantor’s warranted product business.
(d) The name, address, and telephone number of any administrators designated by the warrantor to be responsible for the administration of vehicle protection product warranties in this state.
(e) A copy of the warranty reimbursement insurance policy or policies or other financial information required in section 9.
(f) A copy of each warranty the warrantor proposes to use in this state.
(g) A statement indicating that the warrantor qualifies to do business in this state as a warrantor under section 9.
(2) The department shall make the information described in subsection (1)(a) and (b) available to the public.
(3) The department may charge each warrantor a reasonable fee to offset the cost of processing a notice and maintaining the records. The fee shall not exceed $250.00 per year.
(4) If a warrantor fails to file a notice by the renewal deadline established by the department, the department shall give the warrantor written notice of the failure and the warrantor has 30 days to file its completed notice before the warrantor is suspended from acting as a warrantor in this state.
(5) An administrator or person who sells or solicits a sale of a warranted product but who is not a warrantor is not required to file a notice under this section or be licensed under the insurance laws of this state to sell warranted products.
History:
2005, Act 263, Eff. June 14, 2006
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 263 of 2005 - Vehicle Protection Product Act (257.1241 - 257.1263) › Section 257.1249 - Warranty Reimbursement Insurance Policy; Other Financial Security Requirements or Financial Standards Not Required; Additional Requirements.

257.1249 Warranty reimbursement insurance policy; other financial security requirements or financial standards not required; additional requirements.
Sec. 9.
(1) Every warranted product sold or offered for sale in this state shall have a warranty reimbursement insurance policy guaranteeing the warrantor's obligations under the warranty to the warranty holder. The department shall not require any other financial security requirements or financial standards from a warrantor.
(2) In addition to the requirements described in section 11, a warranty reimbursement insurance policy provided by a vehicle protection product warrantor for purposes of subsection (1) must meet all of the following:
(a) Be filed with the department.
(b) Provide that the insurer will reimburse or pay on behalf of the warrantor all covered sums that the warrantor is legally obligated to pay or will provide all services the warrantor is legally obligated to perform according to the warrantor’s contractual obligations under the warrantor’s vehicle protection product warranty.
(c) Provide that if payment due under the warranty is not provided by the warrantor within 60 days after the warranty holder files proof of loss according to the terms of the warranty, the warranty holder may file proof of loss directly with the warranty reimbursement insurance company for reimbursement.
(d) Provide that the premium for the policy is considered paid if the warranty holder paid for the warranted product and the insurer’s liability under the policy is not reduced or relieved by a failure of the warrantor, for any reason, to report the issuance of a warranty to the insurer.
(e) Contain all of the following provisions regarding cancellation of the policy:
(i) That the issuer of the reimbursement insurance policy shall not cancel that policy until a notice of cancellation in writing has been mailed or delivered to the department and each insured warrantor.
(ii) That the cancellation of the reimbursement insurance policy shall not reduce the issuer’s responsibility for warranted products sold before the date of cancellation.
(iii) That if an insurer cancels a policy that a warrantor has filed with the department, the warrantor shall do 1 of the following:
(A) File a copy of a new policy with the department before the termination of the prior policy so there is no lapse in the warranty holder's coverage after the termination of the prior policy.
(B) Discontinue acting as a warrantor as of the termination date of the policy until a new policy becomes effective and is accepted by the department.
History:
2005, Act 263, Eff. June 14, 2006
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 263 of 2005 - Vehicle Protection Product Act (257.1241 - 257.1263) › Section 257.1251 - Requirements.

257.1251 Requirements.
Sec. 11.
(1) A person shall not sell or offer for sale in this state a warranted product unless the warranty on the vehicle protection product meets all of the following requirements:
(a) Is written in clear, understandable language and is printed or typed in easy-to-read type, size, and style.
(b) Conspicuously states that the obligations of the warrantor to the warranty holder are guaranteed under a warranty reimbursement insurance policy.
(c) Conspicuously states that if a warranty holder must make a claim against a party other than the warranty reimbursement insurance policy issuer, the warranty holder is entitled to make a direct claim against the insurer upon the failure of the warrantor to pay any claim or meet any obligation under the terms of the warranty within 60 days after proof of loss has been filed with the warrantor.
(d) Conspicuously states the name and address of the issuer of the warranty reimbursement insurance policy.
(e) Identifies the warrantor, the seller, and the warranty holder.
(f) Contains the total purchase price for the warranty. However, the parties may negotiate the purchase price at the time of sale and it is not required that the purchase price be preprinted on the warranty.
(g) Describes the procedure for making a claim, including a telephone number.
(h) Conspicuously states the existence of any deductible amount.
(i) Specifies the payments or performance provided under the warranty, including, but not limited to, any payments for incidental costs, the manner of calculation or determination of payments or performance, and any limitations, exceptions, or exclusions.
(j) Describes the conditions under which substitution of parties or performance is allowed.
(k) Conspicuously sets forth all of the obligations and duties of the warranty holder, including, but not limited to, any duty to protect against any further damage to the vehicle, the obligation to notify the warrantor in advance of any repair, or any other similar requirements.
(l) Sets forth any terms, restrictions, or conditions governing any right to transfer the warranty.
(m) Contains a disclosure that reads substantially as follows: "This agreement is a product warranty and is not insurance.".
(2) At the time of sale, the seller or warrantor shall provide 1 of the following to the purchaser:
(a) A copy of the vehicle protection product warranty.
(b) A receipt or other written evidence of the purchase of the warranted product. A warrantor or seller that provides a receipt or other evidence under this subdivision shall provide the purchaser with a copy of the warranty within 30 days after the date of purchase.
History:
2005, Act 263, Eff. June 14, 2006
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 263 of 2005 - Vehicle Protection Product Act (257.1241 - 257.1263) › Section 257.1253 - Cancellation of Sale and Warranty; Terms and Conditions; Notice.

257.1253 Cancellation of sale and warranty; terms and conditions; notice.
Sec. 13.
(1) A person shall not sell or offer for sale in this state a warranted product unless the vehicle protection product warranty clearly states any terms and conditions governing the cancellation of the sale and warranty.
(2) A warrantor may only cancel a warranty if the warranty holder does any of the following:
(a) Fails to pay for the warranted product.
(b) Makes a material misrepresentation to the seller or warrantor.
(c) Commits fraud.
(d) Substantially breaches the warranty holder’s duties under the warranty.
(3) A warrantor canceling a warranty shall mail written notice of cancellation to the warranty holder at the last address of the warranty holder in the warrantor’s records at least 30 days before the effective date of a cancellation. The notice shall state the effective date of the cancellation and the reason for the cancellation.
History:
2005, Act 263, Eff. June 14, 2006
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 263 of 2005 - Vehicle Protection Product Act (257.1241 - 257.1263) › Section 257.1255 - Prohibited Conduct.

257.1255 Prohibited conduct.
Sec. 15.
(1) Unless licensed as an insurance company, a vehicle protection product warrantor shall not use in its name, contracts, or literature any of the words "insurance", "casualty", "surety", or "mutual" or any other words descriptive of the insurance, casualty, or surety business or use any name or words in its name that are deceptively similar to the name or description of any insurer or surety or any other vehicle protection product warrantor. However, a warrantor may use the term "guaranty" or a similar word in the warrantor’s name.
(2) A vehicle protection product warrantor shall not make, permit, or cause any false or misleading statements, either oral or written, in connection with the sale, offer to sell, or advertisement of a warranted product.
(3) A vehicle protection product warrantor shall not permit or cause the omission of any material statement in connection with the sale, offer to sell, or advertisement of a warranted product, which under the circumstances the warrantor should make in order to make the statements in the warranty not misleading.
(4) A vehicle protection product warrantor shall not make, permit, or cause any false or misleading statements, either oral or written, about the performance required or payments that are available under the vehicle protection product warranty.
(5) A vehicle protection product warrantor shall not make, permit, or cause any statement or practice that has the effect of creating or maintaining a fraud.
(6) A warranted product seller or warrantor may not require as a condition of sale or financing that a retail purchaser of a motor vehicle purchase a warranted product that is not installed on the motor vehicle at the time of sale.
History:
2005, Act 263, Eff. June 14, 2006
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 263 of 2005 - Vehicle Protection Product Act (257.1241 - 257.1263) › Section 257.1257 - Accounts, Books, and Records.

257.1257 Accounts, books, and records.
Sec. 17.
(1) A vehicle protection product warrantor shall keep accurate accounts, books, and records concerning transactions regulated under this act.
(2) A vehicle protection product warrantor’s accounts, books, and records shall include all of the following:
(a) Copies of all vehicle protection product warranties.
(b) The name and address of each warranty holder.
(c) The dates, amounts, and descriptions of all receipts, claims, and expenditures.
(3) A vehicle protection product warrantor shall retain all required accounts, books, and records pertaining to each warranty holder for at least 2 years after the specified period of coverage has expired. A warrantor discontinuing business in this state shall maintain its records until it furnishes the department satisfactory proof that it has discharged all obligations to warranty holders in this state.
(4) A vehicle protection product warrantor shall make its accounts, books, and records concerning transactions regulated under this act available to the department for the purpose of examination.
History:
2005, Act 263, Eff. June 14, 2006
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 263 of 2005 - Vehicle Protection Product Act (257.1241 - 257.1263) › Section 257.1259 - Rules; Promulgation.

257.1259 Rules; promulgation.
Sec. 19.
The department may promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, necessary to implement and administer this act. The rules may include disclosure requirements for the benefit of warranty holders, record-keeping requirements, and procedures for public complaints.
History:
2005, Act 263, Eff. June 14, 2006
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 263 of 2005 - Vehicle Protection Product Act (257.1241 - 257.1263) › Section 257.1261 - Applicability of Act.

257.1261 Applicability of act.
Sec. 21.
Each of the following applies concerning the applicability of this act:
(a) This act applies to all warranted products sold or offered for sale on or after the effective date of this act.
(b) The failure of any person to comply with this act before its effective date is not admissible in any court proceeding, administrative proceeding, arbitration, or alternative dispute resolution proceeding and may not otherwise be used to prove that the action of any person or the affected warranted product is unlawful or otherwise improper. This subdivision does not limit the availability of any claim or cause of action for a violation of any other state or federal law.
History:
2005, Act 263, Eff. June 14, 2006
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 263 of 2005 - Vehicle Protection Product Act (257.1241 - 257.1263) › Section 257.1263 - Enforcement; Powers of Attorney General.

257.1263 Enforcement; powers of attorney general.
Sec. 23.
The attorney general has all of the following enforcement powers with respect to a person that violates this act:
(a) To bring an action for a temporary or permanent injunction in the manner provided in section 5 of the Michigan consumer protection act, 1976 PA 331, MCL 445.905.
(b) To accept an assurance of discontinuance in the manner provided in section 6 of the Michigan consumer protection act, 1976 PA 331, MCL 445.906.
(c) To apply for the issuance of subpoenas in the manner provided in sections 7 and 8 of the Michigan consumer protection act, 1976 PA 331, MCL 445.907 and 445.908.
(d) To bring a class action in the manner provided in section 10 of the Michigan consumer protection act, 1976 PA 331, MCL 445.910.
History:
2005, Act 263, Eff. June 14, 2006
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340) › Section 257.1301 - Short Title.

257.1301 Short title.
Sec. 1.
This act shall be known and may be cited as the "motor vehicle service and repair act".
History:
1974, Act 300, Eff. Apr. 1, 1975
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340) › Section 257.1303 - Act Inapplicable to Gasoline Service Stations Exclusively Engaged in Selling Motor Fuel and Lubricants; Minor Repair Services Subject to Act; Exception.

257.1303 Act inapplicable to gasoline service stations exclusively engaged in selling motor fuel and lubricants; minor repair services subject to act; exception.
Sec. 3.
Unless the means of doing or engaging in a motor vehicle repair business including the operating of a motor vehicle repair facility is adopted for the purposes of evading this act, and except as otherwise provided in this act, this act does not apply to gasoline service stations exclusively engaged in the business of selling motor fuel and lubricants. However, a person, including a gasoline service station, that provides minor repair services or activities incidental to the business of selling motor fuel and lubricants is a motor vehicle repair facility and is subject to this act, except that an employee of the person may perform minor repair services without a certification or permit from the department under this act.
History:
1974, Act 300, Eff. Apr. 1, 1975 ;-- Am. 1976, Act 12, Imd. Eff. Feb. 20, 1976 ;-- Am. 2016, Act 430, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340) › Section 257.1304 - Act Inapplicable to Certain Persons.

257.1304 Act inapplicable to certain persons.
Sec. 4.
Unless the act or practice of repairing, servicing, reconditioning, or engaging in the activity of a master or specialty mechanic is adopted for the purposes of evading this act, this act shall not apply to a person who:
(a) Repairs, replaces, reconditions, adjusts, analyzes, diagnoses, or alters the operating condition of his or her own or a family member's motor vehicle and for which there is evidence of ownership of that motor vehicle.
(b) Is a master or specialty mechanic, a motor vehicle mechanic, a mechanic trainee, or technician who is in the full-time employ of an automotive manufacturer and is engaged solely in that capacity on motor vehicles owned by or being produced by the manufacturer.
(c) Engages solely in the business of repairing the motor vehicles for compensation of a single commercial, industrial, or governmental establishment, or 2 or more establishments related by common ownership or corporate affiliation.
(d) Engages solely in the business of repairing, replacing, reconditioning, adjusting, analyzing, diagnosing, or altering the operating condition of a motor vehicle or trailer not required to be registered and not titled under Act No. 300 of the Public Acts of 1949, as amended, being sections 257.1 to 257.923 of the Michigan Compiled Laws. The state treasurer shall reimburse a person exempted under this subdivision money paid by the person as a registration fee or renewal registration fee under section 30.
History:
1974, Act 300, Eff. Apr. 1, 1975 ;-- Am. 1976, Act 12, Imd. Eff. Feb. 20, 1976 ;-- Am. 1980, Act 151, Imd. Eff. June 10, 1980
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340) › Section 257.1305 - Motor Vehicle Repair Facility; Certified Specialty or Master Mechanic Required; Inspection and Approval of Work Performed by Noncertified Mechanic; Waiver.

257.1305 Motor vehicle repair facility; certified specialty or master mechanic required; inspection and approval of work performed by noncertified mechanic; waiver.
Sec. 5.
(1) Effective December 31, 1977, all motor vehicle repair facilities must have at least 1 specialty or master mechanic in its employ certified in each category of repair which it provides.
(2) After January 1, 1978 any work concerning major service or repair performed by a noncertified mechanic shall be inspected and approved by 1 who is certified in the pertinent specialty.
(3) Effective December 31, 1980, a person shall not engage in the business or activity of a specialty or master mechanic unless the person is certified pursuant to this act.
(4) Following December 31, 1977, if a customer voluntarily requests services or parts for the repair of a motor vehicle without delay, due to an emergency, from a repair facility in a repair category for which that facility does not have a master or specialty mechanic, that facility may obtain from the customer a waiver of the customer's rights to have the repair work performed by a master or specialty mechanic. The waiver shall be executed in duplicate with 1 copy to be given to the customer requesting the repairs and shall read as follows:
"______________________(customer) has voluntarily requested
_______________(repair person) of ________________(facility) to provide services
or parts in the repair of the below described motor vehicle because of an emergency and thereby waives any claim or cause of action he may have against either
____________(repair person) or _______________(facility) as a result.
Motor vehicle description:
Customer signature ____________
Dated __________
Time ____________ ."
(5) This waiver shall not be effective unless given by the customer voluntarily and with the knowledge of the implications of the waiver. A motor vehicle repair facility or anyone in its employ, including a specialty or master mechanic or mechanic trainee shall not make use of the waiver of liability in an attempt to evade this act.
History:
1974, Act 300, Eff. Apr. 1, 1975 ;-- Am. 1976, Act 12, Imd. Eff. Feb. 20, 1976