Off road vehicle (ORV) drivers or passengers who suffer personal injury in Michigan highway accidents will now have little legal recourse for their pain and suffering.

On July 17, 2008, Michigan House Bill 5559 was signed into law, Public Act 241 of 2008. It amended section 3101 of the Michigan no fault act to exclude unregistered and uninsured ORVs from the definition of motor vehicle. The definition of motorcycle has also been amended to exclude ORVs.

The vast majority of ORVs in Michigan are unregistered and uninsured.

Our accident lawyers often write and speak about the unreasonably difficult threshold law that exists in Michigan, which bars many residents who are seriously injured in car accidents from recovering money for their pain and suffering. But lawyers rarely discuss the role that automobile safety standards play in injury cases, or the misleading safety standards that apply for people who suffer life-changing injuries in simple frontal impact collisions.

Debilitating leg injuries from frontal impact automobile accidents

Many people suffer debilitating leg injuries from automobile accidents, most involving frontal impact collisions with cars and trucks. These leg injuries range from cases involving total knee replacement surgery to quadriceps tendon repair and even leg amputations, where an accident victim may never walk again.

We’ve received a lot of feedback after Wednesday’s post on the Ten Worst Automobile Insurance Companies in Michigan, which highlights Allstate Insurance Company as the absolute worst. Here are some additional thoughts, compliments of the Michigan Association for Justice (MAJ).

The MAJ stresses that families must consider choosing an automobile insurance company that has a record of taking care of policy holders when shopping for insurance coverage, or when deciding whether to renew an existing policy. “It is tragic to pay for a policy with an insurance company (that) has a record of cheating its own policyholders,” says MAJ President Judith Susskind. “Those who file a claim for coverage after an accident or disaster are the ones who are in dire need of help…”

After a comprehensive investigation of thousands of legal documents, the American Association for Justice recently compiled a list of the worst insurance companies in America. Each of these companies writes auto insurance policies in Michigan. For Michigan automobile accident lawyers, the list is no surprise.

Deny, Delay, Defend

Topping the list as the worst insurance company in America is Allstate. Car accident victims in Michigan have been experiencing Allstate’s “good hands” for years as the insurer has denied and delayed payments, and then defended legitimate cases after forcing a lawsuit to be filed. Following close behind Allstate was Unum, AIG, State Farm, Conseco health insurance, WellPoint, Farmers, UnitedHealth, Torchmark and Liberty Mutual.

Michigan no fault insurance lawyers should now be insisting on 58.5 cents per mile, which is the new IRS business mileage rate that began on July 1, 2008, for all medical mileage claims in litigation with auto insurance companies.   The new mileage rate has been raised significantly from the 50.5 cents per mile that was the old IRS mileage rate before July 1st, reflecting the higher price of gas.
 
Gas Costs Add Up for Medical Appointments
Due to the high cost of gas today, for someone who has suffered a serious injury from a car accident, they can be incurring hundreds or even thousands of dollars in mileage costs going to and from doctor, hospital and physical therapy visits.  For many of my clients who live outside of Metro Detroit, such as in Northern Michigan or the west side of Michigan, it is common for them to have to drive 30-45 minutes or more for doctor visits and physical therapy.  At 3 to 5 medical and therapy appointments per week, the gas costs add up very fast.
 
However, under Michigan’s no fault law, people are able to seek reimbursement from their own no fault auto insurance company.  You do not need an attorney for this.  Mileage reimbursement is a mandatory no fault benefit that anyone who has purchased automobile insurance in this state is entitled to. 

Most of us don’t like to think that we may be involved in a car accident, and no one wants to believe that they might end up in an emergency room. Unfortunately, automobile accidents can occur at any time.  While emergency situations are unpredictable, that doesn’t mean you can’t be better prepared when an accident occurs.

A recent article on CNN.com, “If You Get Hit by a Bus Tomorrow,” gives readers 5 helpful steps to be better prepared for an automobile accident.  The article includes potential life-saving suggestions, such as keeping medical information in your wallet and glove box and storing emergency numbers in your cell phone where paramedics can easily find them.

On June 12th, the Michigan Supreme Court issued a decision in Stokes v. Chrysler which will have a devastating effect on injured workers and Michigan workers compensation lawyers.  Workers injured on the job in Michigan will be the biggest losers, as the 4 activist justices on the Michigan Supreme Court (Justices Taylor, Corrigan, Young and Markman) have handed Michigan workers compensation insurance companies a stunning victory.