Michigan Supreme Court restores benefits for car crash survivors
The court originally ruled, the state’s no-fault overhaul did not apply to previous accident survivors
LANSING, Mich. (WILX) - The Michigan Supreme Court ruled on Monday that more than 15,000 Michigan drivers will have their medical benefits restored.
The court originally ruled, the state’s no-fault overhaul did not apply to previous accident survivors. Some called the decision a “big win” for car crash survivors and the people who care for them.
Unlimited medical services for Michiganders who were seriously injured in car accidents must be paid in full. According to the experts, if you were injured before changes were made in 2019, you’ll get the rights you had when you were injured.
Personal Injury Attorney George Sinas called the decision a tremendous restoration of rights. “Maybe just as importantly a restoration of the hope that they’ve had to regain the quality of life that they were enjoying before the law changed.”
“People, including my wife, had big changes in their reimbursement for what they could get,” said Michael Andary, physician. His wife, Ellen, suffered a traumatic brain injury from a car crash before the auto no-fault insurance law was changed in 2019. The date of Ellen’s accident meant her medical services and benefits would change. As a doctor, Andary said he not only fought for his own wife but for other patients.
“So when this law came through, I mean, 10 times a day, I’m looking at my patients thinking they’re going to get screwed, I mean, something’s bad coming for them.”
He said he worked with Sinas to overturn the auto no-fault insurance reform of 2019. “Going forward they – the insurance companies – can’t cut, they have to give the old benefits. So they have to pay the full amount, they can’t cut it 45%, they can’t limit the number of hours that family can work, and they have to pay caregivers.”
“We’ve restored to them, given back to them the vast benefits that they had before the law changed,” said Sinas.
Not everyone agrees with the court’s ruling. Insurance companies called the decision a setback for Michigan drivers. “You can’t reasonably expect to save Michigan drivers money while obliterating a key cost control measure like the fee schedule,” said Erin McDonough, executive director at Insurance Alliance Michigan.
Survivors injured after July 2021 will still have limitations placed on healthcare reimbursements despite today’s decision.
According to patient advocates, the Supreme Court’s decision came too late for quadriplegic victim and former Ford employee Brain Woodward, who passed away Monday morning.
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