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Will Benefiel restore common sense to Michigan’s broken auto law?

Michigan Lawyers Weekly letter to the editor from car accident attorney Steve Gursten on No-Fault insurance case

Car accident attorney Steve Gursten writes Michigan Lawyers Weekly on Benefiel v. Auto Owners, a No-Fault insurance case he believes will help lawyers and judges better understand Michigan’s threshold law, Kreiner v. Fischer.

Gursten says that because of Kreiner, countless car accident victims with very serious personal injuries have had their cases dismissed; including those with periods of near total disability for shorter periods of time. Benefiel is important in that it instructs judges to consider both the “more exensive nature and extent of the impairment” and the “length and duration of the impairment.”

Here’s the Michigan Lawyers Weekly story: Will Benefiel restore common sense to Michigan’s broken auto law?

March 17, 2008

Update: The Michigan Supreme Court on August 1, 2010 overturned Kreiner v. Fischer and it’s interpretation of “serious impairment of body function” with McCormick v. Carrier, restoring the rights of car accident victims in the state. Now, when personal injury victims are pursuing pain and suffering damages, they have to prove their life has been affected – not completely altered as was required under Kreiner.

Related information:

McCormick v. Carrier and its effect on Michigan Auto Law requirements

Your Michigan No-Fault auto insurance rights

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