We have an insured who slipped and fell on the ice in a hotel parking lot. He submitted a claim to the hotel and sent all his doctor bills, etc., to the hotel’s carrier. They told him that since he was exiting a vehicle, he must submit his claim to his no-fault carrier. Is this correct?
This is a great question and one for discussion. What it comes dow to is “Proximate Cause.”
Even though the person was existing their vehicle and it was not the vehicle that caused the injury, therefore the hotel’s liability policy would be liable due to their negligence for not removing the ice from the hotel parking lot.