257.1123 Payments for injury, death, or property damage; limitations; recovery of excess payments.

275 words·~1 min read·/mi/chapter-257/257-1123

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Sec. 23.

(1)In respect to applications under this act for payment of damages arising out of motor vehicle accidents occurring in this state on or after January 1, 1966, the secretary shall not pay out of the fund,

(a)more than $20,000.00, exclusive of costs, on account of injury to or the death of 1 person, and, subject to such limit for any one person so injured or killed, not more than $40,000.00, exclusive of costs, on account of injury to or the death of 2 or more persons in any one accident; and

(b)more than $10,000.00, exclusive of costs, for loss of or damage to property resulting from any one accident.

(2)Where any amount is recovered from any other source in partial discharge of the claim or judgment, or where a claim or judgment for damages is reduced by an amount paid or payable by an insurer or any other person, as provided in subsections

(2)or

(3)of section 22, then the limitations set forth in subsection 1 of this section shall be applicable to the excess of the claim or judgment over the amount by which the claim or judgment is partially satisfied or is reduced under subsections

(2)or

(3)of section 22. Any amount paid out of the fund in excess of the amount authorized by this section may be recovered by action brought by the secretary.

History: 1965, Act 198, Eff. Nov. 1, 1965 ;-- Am. 1965, Act 389, Imd. Eff. Oct. 25, 1965 ;-- Am. 1971, Act 119, Eff. Oct. 1, 1971