How people with significant pre-existing medical conditions and Social Security Disability can still recover after a car accident in Michigan

I am thrilled for Jeff and Lisa Chase. Jeff is my client, and he just achieved an important victory for all auto accident victims with his recent win in the Michigan Court of Appeals. Just as important, his case, Chase v. Pomilia, et al. addresses some of the greatest travesties of justice that have plagued car accident victims  under Michigan’s auto law since Kreiner v. Fischer.  Hopefully, this new decision can be used by lawyers representing clients who have significant pre-existing medical histories - to help judges understand that a less-than-perfect pre-accident life is still a life of value and worth that is compensable under Michigan’s current threshold law.

Top Mistakes Accident Victims Make: No. 5

People injured car accidents and collecting no-fault insurance benefits are frequently told by their insurance companies and claims adjusters that they must apply for Social Security Disability (SSD). But it’s a big mistake for an auto accident victim to consider a Social Security Disability application or SSD claim as separate from his or her personal injury automobile auto accident case. It’s imperative that you contact your Michigan auto accident attorney as soon as an insurance adjuster instructs you to apply, to discuss how applying could affect your case. For example, if you’re accepted too soon, it could literally wipe out your entire economic recovery in your third-party case.

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.

On April 1st, 2008 the New York Times reported on the practice of automobile and disability insurance companies overloading the Social Security Administration by forcing people to apply for Social Security Disability.  It is a practice that Michigan social security disability lawyers and lawyers who specialize in helping people injured in car accidents already know too well. 

If someone is injured in a car crash in Michigan, the first party no fault insurer (the insurance company responsible for paying your no fault PIP insurance benefits) can literally force a person to repeatedly apply for social security disability (SSD), and they can suspend and even terminate no fault insurance benefits if that person refuses to apply or refuses to continually appeal the disability determination.