LANSING, Mich. (Michigan News Source) – Among the priorities outlined in Democratic Governor Gretchen Whitmer’s recent speech about “What’s Next” for Michigan, she discussed getting rid of “restrictive” abortion laws, raising taxes, requiring paid family leave, instituting a 100% clean energy standard, and more. What was not mentioned was making any changes to the current no-fault auto law.
A recent Michigan Supreme Court decision at the end of July came down on the side of about 17,000 auto crash survivors and their families, securing a victory for them when the court ruled that the survivors would be able to receive the care that they were originally promised before the bipartisan 2019 no-fault auto insurance legislation went through. In a 5-2 decision, the Michigan Supreme Court said that the insurance policies covering the two plaintiffs in the case “bind the insurance companies to their promise to provide PIP benefits under the law that existed at the time of injury to those individuals covered by the policies, and the 2019 no-fault amendments do not clearly convey an intent to retroactively modify these vested contractual rights.”
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Although the court protected the rights of those before the no-fault insurance law change took place, the survivors who have had accidents after that time are not covered equally.
Many who support the rights of catastrophically injured car crash survivors have said that the law needs to be changed for everyone. Peggy Campbell, the founder of “We Can’t Wait,” a grassroots organization composed of crash survivors and families fighting to end Michigan’s catastrophic care crisis, had said at the time of the Michigan Supreme Court decision, “Unless the Michigan Legislature passes a fair and reasonable fee schedule, anyone injured after 2019 will face the same devastation we did. While today is a victory for survivors, the Legislature must correct the shortcomings of the law, and do so without delay.”
After Gov. Whitmer’s speech about the Democratic victories of the past and her plans for the future, Barry Cargill, President & CEO, Michigan HomeCare & Hospice Association (MHHA), released a statement about the governor’s “What’s Next” address to the state. Cargill said, “The Michigan HomeCare & Hospice Association (MHHA) is disappointed that Gov. Gretchen Whitmer didn’t include fixing auto no fault for all catastrophically injured survivors in her address. We urge Gov. Whitmer to remain committed to ensuring that catastrophically injured Michiganders can access the care they need and work with lawmakers on a bipartisan solution to fix care reimbursement to ensure our most vulnerable maintain access to the care they medically need, and which they paid for with their insurance coverage premiums. The Michigan Legislature needs to make it a top legislative priority to fix the auto no-fault reform law to provide the medically appropriate care for ALL crash survivors, no matter when they are injured. Fixing auto no fault for all needs to be done now.”
The MHHA says that there are still about 1,000 people per year who are seriously injured in catastrophic auto accidents who have paid full personal protection coverage (PIP) into the Michigan Catastrophic Claims Association (MCCA).
