Michigan Auto Law partner gets insurance policy limits and medical benefits for auto accident victim with head, neck and back injuries

I’d like to congratulate my fellow partner David E. Christensen for yet another trial win. Dave’s Washtenaw County car accident case was against our client’s insurance company, USAA, as well as the at-fault driver.

The accident occurred on Ecorse Road in Ypsilanti, when the at-fault driver pulled out from a side-street and crashed into our client. Our client sustained serious personal injuries including herniated discs in his neck and lower back that both required surgery, and a closed-head injury.

Ask any Michigan lawyer that handles attendant care cases, and he’ll tell you there’s been a terrible game at the hands of insurance companies going on for many years. When people suffer serious personal injuries from car accidents and truck accidents, they are entitled to attendant care — also referred to as nursing services — as part of their no-fault insurance personal injury protection (PIP) benefits. The problem is that many insurance companies responsible for paying for attendant care do not inform people they’re entitled to receive attendant care in the first place.

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. 

Helping people who have been injured in car accidents throughout Michigan, our lawyers have found that some hospitals, for example Bronson Methodist Hospital in Kalamazoo, Sparrow Hospital in Lansing, and Munson Medical Center in Traverse City, do not always aggressively follow-up with auto insurance companies for payment of medical bills for people who have suffered personal injury from automobile accidents. Now, after a recent order by the Michigan Supreme Court, these hospitals may be putting these people at personal risk for their own medical bills.

This change, based upon an order from the Court dated March 7, 2008, will dramatically impact hospitals and doctor billing practices in automobile accident cases throughout Michigan.

Our law firm recently responded to a question submitted online from a lawyer representing a person injured in a car accident.  I am re-posting that question and answer below to educate others about Michigan Car Accidents and the “Innocent Third Party Rule” designed to protect injury victims from fraud and misrepresentation.

Here’s the scenario:  
An innocent person is injured in a car accident; it’s discovered later that the person who caused the accident committed fraud with his/her auto insurance company; that insurance company then refuses to pay for injuries caused by its own negligent insured.  

On February 14, 2008, the Michigan Court of Appeals ruled against State Farm Insurance Company on an important new uninsured motorist case (Suminski v State Farm).  State Farm, it seems, did not act like a good neighbor, which comes as no surprise to Michigan No Fault Attorneys.  The surprise with this case is that State Farm’s pattern of bad acts towards injured policy holders did not work in favor of the insurance company (this time).

There is a new auto new insurance company delay tactic in Michigan. Claims adjusters are putting innocent people “under investigation” to avoid or delay paying auto no fault insurance PIP benefits. These are lawful, reasonable, no fault claims made by people that were injured in Michigan car accidents. This blog explores how and why illegal delay tactics work for insurance companies, which companies deploy such tactics, what 3 options are available for injured people “under investigation”, and what Michigan Lawyers can do to help their clients.

Don’t let your insurance company shortchange you on medical mileage reimbursement after a car accident.

Medical mileage reimbursement is an important insurance benefit that is provided under the Michigan No Fault Act.  It is available to anyone injured in an automobile accident in Michigan, provided there is no fault insurance coverage for the car or truck involved in the motor vehicle accident.  Pedestrians hit by motor vehicles are also covered.   With gasoline prices now so expensive, doctor visits and physical therapy appointments frequently can result in thousands of dollars in mileage.   And insurance companies in Michigan are not reimbursing many of these claims at a fair rate.