Michigan Supreme Court upholds no-fault auto insurance ruling
(CBS DETROIT) - Early Monday morning, the Michigan Supreme Court upheld a previous lower court ruling, saying those who were injured in car crashes and began receiving care before the 2019 no-fault auto insurance change need to have their care maintained.
It's a significant win for about 18,000 Michiganders.
"Today, all of the people injured before this law was implemented are protected," said Maureen Howell, who cares for her son Sam. "They're going to be okay. We've lost, I think, 15 now that we know of directly as a result of this change in the law. And that's heartbreaking."
The change in Auto No-Fault applied retroactively to Michiganders who already relied on the care like Howell. Providers were capped at 55% of what they charged previously, which created a significant financial strain.
"From what I understand, 30 programs like ours closed," said Kris Curtis, owner, and director of CBI Rehabilitation Services in East Lansing. "Other health care providers stopped providing services to auto no-fault clientele, and they closed their doors. So, from the statistics I've heard, there were over 6,000 workers in this area that lost their jobs."
The Michigan Supreme Court ruled 5-2 on Monday that insurance providers are still bound to honor their policies that existed under the law when their clients were injured.
"The 2019 no-fault amendments do not clearly convey an intent to retroactively modify these vested contractual rights," Justice Elizabeth Welch wrote in the majority opinion.
"I think for the vast majority of people injured before 2019, it's going to be their life will get better, which is great. I'm very happy about that," said Dr. Michael Andary, who works with patients after their crashes and whose wife, Ellen, was badly injured in a collision with a drunk driver in 2014.
Andary and Philip Krueger were the plaintiffs in the lawsuit before the Michigan Supreme Court. Andary tells CBS News Detroit he expects care to improve for these patients.
"The problem is, is after the people who were injured after 2019, what's going to happen with them? And the legislature and all, in my view, is absolutely dropping the ball," he said.
Advocates say they breathed a sigh of relief on Monday, but their work isn't done yet.
"This does not fix everything," said Nichole Shotwell, the president, and CEO of the Brain Injury Association of Michigan. "But it fixes a lot for those who've been injured in a car crash prior to 2019. But what it doesn't do is. Provide a fix for folks who are injured after 2019 or who will be injured in the future."
Advocates tell CBS News Detroit that there are bills in the legislature that would address the issues surrounding patients hurt after 2019 that they are hopeful will pass into law.
