Michigan Laws 257.1105 – Service of process; secretary of state as agent; procedure; failure to serve as bar to recovery; intervention; exception; limitation on payment
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Terms Used In Michigan Laws 257.1105
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Fund: means the motor vehicle accident claims fund. See Michigan Laws 257.1102
- Secretary: means the secretary of state acting as director of the fund. See Michigan Laws 257.1102
- Service of process: The service of writs or summonses to the appropriate party.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Summons: Another word for subpoena used by the criminal justice system.
- Uninsured motor vehicle: means a motor vehicle as to which there is not in force a liability policy that meets the requirements of section 3009 of the insurance code of 1956, 1956 PA 218, MCL 500. See Michigan Laws 257.1102
The secretary is deemed to be an agent of the owner or operator of every uninsured motor vehicle for service of process in an action in this state arising out of the use or operation in this state of the uninsured motor vehicle. Where an action is commenced, summons and complaint shall be served on the secretary by certified or registered mail or by leaving a copy thereof with or at the office of the secretary who shall forward a copy of the summons and complaint forthwith by certified mail to the defendant at his last address as recorded with the secretary. In an action to recover damages arising out of the use or operation of an uninsured motor vehicle, failure to serve summons and complaint upon the secretary shall constitute a bar to recovery from the fund. In actions where summons and complaint have been served upon the secretary, the secretary shall have the right to intervene in the action as a party defendant. This act does not apply to an accident occurring after the effective date of this amendatory act for which benefits are payable in whole or in part under section 3101 to 3179 of Act No. 218 of the Public Acts of 1956, as amended. A payment shall not be made under this act for an accident occurring after the effective date of this amendatory act to an owner or registrant of a motor vehicle for which security under section 3101 to 3179 of Act No. 218 of the Public Acts of 1956, as amended, is required.