Award of Michigan Personal Injury Protection (PIP) Benefits Not Payable for Fall Into Oil Change Pit

Plaintiff went to get an oil change when she slipped and fell into the service pit. This occurred after she exited her vehicle (“alighted” from the vehicle) and was following the technician who wanted to point out an issue with her car. Plaintiff fell into the service pit, which was identified by yellow warning paint.

Plaintiff sought Michigan personal injury protection (PIP) auto benefits asserting that her injuries “arose out of the maintenance of a motor vehicle as a motor vehicle and/or arose out of the use of a motor vehicle as a motor vehicle that was parked in such a way as to cause unreasonable risk of bodily injury.” She claimed that she was engaged in maintenance since the technician was going to show her why she needed a new filter for her motor vehicle. The Trial Court held that she was entitled to PIP benefits because the vehicle was parked in a way that exposed part of the service pit.

On appeal, the Michigan Court of Appeals reversed, ruling that the Trial Court’s reliance upon the parked vehicle exception of Michigan’s no-fault act was misplaced. The no-fault act was not designed to compensate for all injuries occurring in or around a motor vehicle. The Court of Appeals reasoned that there was an insufficient nexus between the maintenance being performed and Plaintiff’s injury.

Click on the link to read the court ruling in Bellmore v. Friendly Oil Change.

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