Posts

Jeep Recall & Driverless Vehicles

Needless to say, the recent news about the operation of motor vehicles being  (or capable of) hacked by outside sources is deeply disturbing.  Fiat-Chrysler just announced its recall of 1.4 Million vehicles after reported hacking disrupted the driving of at least one reported occurrence.  Jeep owners are strongly urged to take their vehicles to a […]

Look for Motorcycles & Bicycles

The nice weather is upon us. Naturally, with that, so are avid motorcycle enthusiasts and cyclists. Sadly, although a motorcyclist or bicyclist is generally highly prudent and safe consciously aware of the road environment, this common Michigan traveler on the roadway seems to be the one missed, more than the one seen. Accredited motorcyclist and […]

Auto No-Fault Insurance Claims by Medical Providers

Medical service providers have legal standing to independently bring and enforce auto no-fault insurance claims. Recently, however, auto no-fault insurers have tried to challenge and prevent medical providers from bringing legal action directly against the insurer. In Wyoming Chiropractic Health Clinic, P.C. v Auto-Owners Ins Co, __ Mich App __ (2014)(a unanimous published opinion) the […]

Auto No-Fault Insurance Reform

The auto no-fault insurance industry’s recent effort to reform the Michigan system of auto insurance is currently stalled before the Michigan House of Representatives. The version of the bill as passed by the State Senate, changed modestly after being reported out by the House Committee on Insurance. As with any politically charged issue, partisan rhetoric […]

The “New” Michigan Assigned Claims Plan for No-fault Benefits

In 2012, the Michigan Legislature passed and Gov. Snyder signed into law, a new Michigan Assigned Claims Plan for No-fault Benefits. The new law modifies the administration of the Michigan Assigned Claims Plan. Formerly, the plan was administered by and through the Secretary of State. Now, under the new law, it is administered through the […]

No-Fault Insurance Medical Service Providers Beware

No-fault insurance medical service providers must be aware and cautious of the status of a patient’s no-fault PIP claim. Particularly, if the patient has filed a lawsuit and the medical provider has elected not to intervene or file its own, joint action. That is because if the patient ultimately settles his/her PIP claim for future […]

IMPORTANT NO-FAULT UPDATE FOR MEDICAL SERVICE PROVIDERS AND MVA VICTIMS WHO ARE MINORS AND/OR SUSTAIN TRAUMATIC BRAIN INJURY

Yesterday, the Michigan Supreme Court did away with the long-held rule of protecting minors and the infirm in no-fault claims.   This legal issue has literally been a political ping-pong match with the balance of the court changing so much since 1999.   Since 1973 — when the no-fault act was enacted — it had always been […]

Injured Party Has Waived Doctor-Patient Privilege Once He Asserts Medical Defense and Releases Preliminary Medical Records

            Plaintiff was injured when he was struck by a vehicle driven by the defendant.  In response to a complaint filed by the plaintiff, the defendant raised the defense of “sudden medical emergency.”   In his answers to a first set of requests for discovery, the defendant admitted that he had recently been prescribed Xanax, and […]

A health system’s actual procurement costs for surgical implants is subject to disclosure for payment consideration by auto no-fault insurers. Patients of Bronson Methodist Hospital, in Kalamazoo, Michigan, were involved in motor vehicle accidents and sustained traumatic, orthopedic injuries requiring surgical implants.  Pursuant to the no-fault act (MCL 500.3107(1)(a)), Bronson submitted its charges incurred by the […]

A minor investment to investigate the facts of an accident is the difference between no-fault coverage paying versus private pay or government reimbursement.

A man was walking was walking his dog on a road.  A car and a snowmobile were approaching in opposite directions to the man and his dog.  The car had its headlight on.  The operator of the snowmobile testified that the car’s headlights blinded/obstructed his vision such that he did not see the man walking […]