LANSING, Mich. (Michigan News Source) – Today is the day that the Michigan Supreme Court hears oral arguments regarding the Andary Case and we will see if the high court decides to uphold the Michigan Court of Appeals’ decision regarding 2019 auto no-fault changes. In the Court of Appeals decision, they said that the no-fault fee schedule and limitations on in-home family-provided attendant care passed in 2019 shouldn’t be applied to persons injured in auto accidents prior to the law change.
There are almost 15,0000 people who will be impacted by this decision who are catastrophically injured auto crash survivors and were injured before the auto no-fault insurance overhaul happened in June of 2019.
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The Michigan HomeCare & Hospice Association (MHHA) sent out a reminder on Wednesday about this very important case and Barry S. Cargill, President & CEO, Michigan HomeCare & Hospice Association says, “The Michigan Supreme Court hearing oral arguments in the Andary case is a tremendous step forward for thousands of catastrophic auto crash survivors injured before the 2019 Auto No-Fault reforms. The Michigan Association of HomeCare & Hospice Association believes the state’s highest court will support the Michigan Court of Appeals’ decision to uphold provisions of the 2019 auto no-fault changes.”
He goes on to say, “The outcome will be so important to the pre-reform catastrophically injured survivors to finally right the terrible wrong imposed upon them by our state legislature.”
However, even if the court upholds the Michigan Court of Appeals decision, current Michigan auto crash survivors injured more recently will not be helped by the court case. Cargill says, “Unfortunately, the focus of the Supreme Court case is narrow as it does not impact auto crash survivors injured after June 11, 2019. The same unfairness exists for survivors injured after the 2019 reforms, as for those injured before the 2019 law. For these survivors, the Michigan Legislature needs to act as soon as possible.”
He continues, “We look forward to working with the Michigan Legislature to correct the mistake made in the previous session when the legislature amended the auto no fault reform law. The fix is simple and not expensive.”
The MHHA says that are about 1,000 people per year who are seriously injured in catastrophic auto accidents who have paid full personal injury protection coverage into the Michigan Catastrophic Claims Association and are not getting the care coverage they paid premiums to receive because the legislature needs to amend the law to set “reasonable reimbursement” for the necessary care needed for auto crash survivors.
For the devastating effects that the no-fault insurances changes have brought to bear, please take a look at our previous article about auto crash survivors not being able to receive the care that they need. This includes families and caregivers who have had care payments cut or not sent at all while the auto no-fault case is being decided.
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