STATE LAW – MICHIGAN LIBRARY – GUIDE 16
Michigan Government Vehicle Crashes & Public Entity Claims
Michigan governmental immunity can change an ordinary crash case into a specialized public-entity claim. The motor-vehicle exception in MCL 691.1405 is a central starting point when a government-owned vehicle is negligently operated.
Government Crashes
Identify the public entity before treating the case like an ordinary auto claim
State agencies, counties, cities, schools, transit systems, and other public bodies may have statutory immunity, special forums, notice rules, employee-immunity questions, and different claim procedures.
The motor-vehicle exception
MCL 691.1405 provides that a governmental agency is liable for bodily injury and property damage resulting from the negligent operation of a government-owned motor vehicle by an officer, agent, or employee. The statutory elements matter: ownership, negligent operation, governmental status, and causation should each be proved rather than assumed.
Do not generalize the exception
The motor-vehicle exception does not eliminate every governmental-immunity defense and does not itself resolve procedural requirements, employee immunity, the proper defendant, or the correct court. A federal government vehicle follows a different federal claim regime. Local public entities may also have claim procedures that require immediate attention.
Early public-entity investigation
- Identify the legal owner of the vehicle and employing agency.
- Preserve dispatch, route, GPS, camera, radio, and maintenance records.
- Identify the driver and scope of public employment.
- Determine whether the vehicle was being ‘operated’ within the statutory exception.
- Identify the correct governmental defendant and any special notice or filing requirement before the ordinary limitations period becomes the only deadline considered.
Authorities
Primary Michigan authority for this topic
Use the current statute, controlling decisions, and operative policy before legal reliance.