A recent ruling by the Michigan Supreme Court brings some important clarity for those affected by the state’s no-fault auto insurance system.
The court’s 5-2 opinion upholds that new medical cost controls, introduced in Michigan’s no-fault auto insurance overhaul, do not apply retroactively to car crash victims who were injured before the law change. For nearly 15,000 Michiganders catastrophically injured in accidents prior to the overhaul, this means they will continue to receive unlimited, lifetime medical services at full rates without being subject to the cost controls.
On the other hand, the court ruled that the new cost controls do apply to medical services for crash victims whose accidents occurred after the law change in June 2019, taking effect in July 2021. The majority decision highlighted that the Legislature did not clearly state its intention for the cost controls to apply retroactively.
This ruling has significant implications, especially for medical providers and patients alike. Medical providers whose services are often used by catastrophic accident survivors were required to cut their prices by 45%, leading to some providers shutting down and limiting access to essential medical care.
Moreover, the ruling affects the 56-hour cap on in-home attendant care provided by a patient’s family or friends for pre-2019 crash survivors. Such survivors are exempted from this limitation, ensuring they can continue to receive the care they need.
While this ruling may impact future refunds from the Michigan Catastrophic Claims Association, or MCCA, it ensures that those injured before the law change receive the medical care they rightfully deserve. Our hearts go out to all victims and their families affected by these tragic accidents.
At OnderLaw, we understand the complexities of personal injury cases and the challenges faced by those dealing with catastrophic injuries. Our dedicated team is here to support victims, ensuring they receive the compensation and care they are entitled to.
We stand with organizations like the Coalition Protecting Auto No-Fault (CPAN), advocating for the rights and benefits of accident victims purchased through their auto insurance premiums. The court’s decision is a strong affirmation that these rights should not be stripped away.
As the legal landscape continues to evolve, we remain committed to providing comprehensive legal guidance and support for all car crash victims in Michigan and beyond. Our goal is to help victims navigate the complexities of the legal system, seeking justice and fair compensation for their injuries.
If you or a loved one have been affected by a car accident, don’t hesitate to reach out to our team at OnderLaw. We’re here to listen, provide guidance, and fight for your rights so that you can focus on recovery and rebuilding your life.
