If you have sustained an accidental bodily injury arising out of the ownership, operation, maintenance or use of the motor vehicle as a motor vehicle, your auto insurance company is liable to pay benefits. Even if you are at fault for the accident, you are still entitled to have those benefits such as medical bills, wage loss, etc. paid for by your auto insurance company.
An injury is considered accidental for a person claiming personal protection insurance benefits unless the injuries were suffered intentionally by the injured person or were caused intentionally by the claimant.
As part of the no-fault act there is a three-prong test to determine whether or not there is coverage. The first question to ask is:
Was there a motor vehicle involved in the occurrence? A motor vehicle is defined as a vehicle, including a trailer, that is operated or designed for operation on a public highway by power other than muscular power and has more than 2 wheels.
The second question is:
Was there accidental bodily injury? A plaintiff claiming bodily injury must prove an actual relationship between the accident and injury. Under the no-fault act, the test is whether the condition is associated with the motor vehicle injuries.
The final question is:
Did the accidental bodily injury arise out of the ownership, operation, maintenance or use of a motor vehicle as a motor vehicle? One must prove that an injury is the kind that is reasonably and foreseeably identifiable with the normal operation, maintenance or use of the motor vehicle.