2012 House Bill 5864

Revise auto insurance definition of "serious impairment of body function"

Introduced in the House

Sept. 11, 2012

Introduced by Rep. Lisa Posthumus Lyons (R-86)

To revise the definition of "serious impairment of body function" in the no fault auto insurance law. A person who causes such an injury may be subject to a lawsuit for “pain and suffering” damages otherwise barred by the no fault law. This relates to controversial Supreme Court decisions in Straub v. Collette and in Kreiner v. Fischer, where the court held that “the totality of the circumstances must be considered” on whether the impairment “affects the person’s general ability to conduct the course of his or her normal life”.

Referred to the Committee on Insurance