Articles Posted in No Fault Act

arm injuryIf you or a loved one has been injured in a Michigan accident, there are many potential damages that you may be able to recover. Some of the potential categories of damages include lost wages, past and future medical expenses, and other costs or lost income related to the accident. This case revolves around one of those kinds of damages, specifically attendant care benefits. Attendant care benefits may be paid in situations where the injured person needs support that cannot be given by their family or caretakers. Attendants are people that come in anywhere from 24 hours a day/seven days a week to an hour or less a week to assist the injured person with their daily care.

The Accident and Injuries

In 2001, a five year old girl was injured in a car accident. Her mother was killed in the accident. As they did not have insurance, the claim was assigned through the Michigan Assigned Claims Plan. The state plan then assigned the claim to State Farm Insurance. In the time since the accident, the insurance carrier paid out only a little over $5,000 in attendant care benefits.

The Michigan Court of Appeals recently reversed the order of summary disposition granted to a defendant driver and Progressive Insurance in an action for third-party no-fault benefits following a car accident.

Legal News Gavel

On May 9, 2011, in the City of Bingham Farms, the plaintiff was driving southbound on Telegraph Road when he was struck by the defendant, whose vehicle “entered the wrong turnaround on Telegraph Road,” “failed to yield to oncoming traffic,” drove in front of the plaintiff’s vehicle, and caused a collision. The plaintiff, with his wife, filed a three-count complaint on May 9, 2014 against the driver and Progressive jointly and severally, alleging claims of negligence, underinsured motorist coverage, and loss of consortium resulting from the May 9, 2011 motor vehicle accident. Both defendants answered the complaint, and discovery ensued. Motions for summary disposition followed.

Continue reading

Contact Information