It has been well documented in the news and social media that the 2019 changes to the Michigan No-Fault Law have had many devastating consequences for persons seriously injured in vehicle crashes. A very real example of this is a case we are handling for a pedestrian that was mowed over by 2 vehicles that fled the scene of the accident. As a result, our client suffered fractures to both hips, ribs and collarbone. He lacerated his liver, sustained a penile injury and had bleeding on the brain. He spent 1-1/2 months in the hospital, underwent multiple surgeries and requires round-the-clock care to assist him with activities of daily living.
Prior to enactment of the 2019 No-Fault Law, our client would have had unlimited lifetime benefits for what are referred to as, “allowable expenses.” These include things like medical expenses, home or vehicle modifications and attendant care. “Attendant care” basically refers to home nursing assistance to help an injured person with activities of daily living he or she can no longer do for themselves. This includes things like assisting with bathing, toileting, dressing, grooming, administering medication, helping get in and out of a chair or bed, etc.
Under the new law, allowable expenses are capped for our client at only $250,000. While that may seem like a lot, it is really only a drop in the bucket for seriously injured victims of vehicle crashes. In our client’s case, the full $250,000 was used up on the first day of his hospitalization, leaving nothing left to pay for the additional medical treatment he requires or the attendant care providers he will need the rest of his life. As a result, the taxpayers (through Medicaid) now have to foot the bill for the care our client needs rather than the insurance companies that continue to rake in record profits in the State of Michigan.