M Civ JI 36.04A No-Fault Auto Negligence: Elements of Proof - Explanation of Noneconomic-Economic Distinction for Out-of-State Resident Plaintiff

The plaintiff claims two different types or classes of damages in this case. The first type or class of damages is generally referred to as “noneconomic” loss damages and consists of such things as [ insert those applicable noneconomic loss damages for which the plaintiff seeks recovery in this case ].

The second type or class of damages sought by plaintiff is generally referred to as “economic” loss damages and consists of [ insert those economic loss damages for which the plaintiff seeks recovery in this case]

I will now instruct you regarding the elements which the plaintiff must prove.

Note on Use

2019 PA 21 and 22 amended the Michigan No-Fault Insurance Act to differentiate between Michigan residents and out-of-state residents for purposes of tort liability for economic damages. MCL 500.3135(2)(b) & (3)(d).

MCL 500.3135(3) abolishes tort liability of drivers and owners of insured vehicles with exceptions listed in that subsection.

This instruction is based on MCL 500.3135(3)(d) which sets forth the rights of non-resident plaintiffs in automobile negligence cases following the amendments of 2019 PA 21-22.

If the injury resulted in death, the words, “plaintiff’s decedent” should be substituted where appropriate.

Both insured and uninsured motorist tortfeasors have immunity from tort liability for noneconomic loss damages, except where the injured person has suffered death, serious impairment of a body function, or permanent serious disfigurement. Auto Club Insurance Ass’n v Hill, 431 Mich 449; 430 NW2d 636 (1988). However, the uninsured motorist tortfeasor (unlike the insured motorist tortfeasor) has no tort immunity for economic loss damages.

History

M Civ JI 36.04A was added October 2022.