Michigan’s auto no-fault reform bill went into effect last July and the consequences are quickly being felt among accident victims. After the latest statutory reforms from the revised law introduced a new medical fee schedule, the causal effect has been a reduction of how much insurance companies are required to reimburse medical providers for certain services.

Meanwhile, advocates for survivors of catastrophic auto crashes have been saying for months that the changes would cut off their access to medical services they need to survive.

Now, slightly more than two months after the updated medical fee schedules have gone into effect, many survivors have been speaking out about how they are, in many cases, struggling to access even minimal care.

“I was struck by a pickup truck backing out of a driveway… the hitch went through my right-lower extremity, and… severely broke the leg in multiple places,” Paul Becker told a Michigan Fox TV affiliate, who was seriously injured in a July 2018 crash. “I think I’ve had nine surgeries in total, and still trying to recover from the mobility aspect.”

Fox reported Becker hadn’t had any major issues getting insurance to cover the medical services he’s needed during his recovery, that is until this past July.

“Eight o’clock in the evening, they left a message stating that, at that time, anything … from now on will no longer be covered, and it was just out of the blue, boom, you’re no longer covered for anything,” Becker explained.

“I feel like with this last six weeks without any physical therapy, I’ve literally gone backwards.”

Under the new law, any medical service not already covered under federal Medicare law, which includes in-home caregivers and transportation to medical services, will now only be reimbursed by insurance companies at 55 percent of what they were back in 2019. The law also caps the number of hours family members can provide care to just 56 hours a week, according to legal analysis.

Tom Judd, president of the Michigan Brain Injury Providers Council, said in a statement about the legal revisions, “There’s been a lot of delays, and denials, and payments on a whole, and not just the providers that we’ve been talking about for the past few months, in terms of residential and attendant care providers, but outpatient therapists are getting denied or slashed in reimbursement.”

Judd added the changes have thrown Michigan’s post-acute medical care industry into turmoil.

“Hurdles that they did not have to jump through before July 1, they’re having to jump through now, and they’re not getting any payment…. and so, the crisis is kind of expanding to places that we didn’t really think that they would be going.”

According to the Michigan Brain Injury Provider Council, more than 700 patients have already lost access to medical care, since the changes took effect in July.

At least 41 Michigan-based care companies have had to either close their doors completely or discharge patients receiving benefits via no-fault auto insurance. The MBIPC says this has already put at least 1,500 healthcare workers out of a job.

Under the new law, insurance companies still have to provide lifetime medical coverage for those who had or have unlimited personal injury protection (PIP) policies. But advocates say the changes are squeezing qualified medical professionals out of Michigan’s post-acute care industry, making quality providers scarce.

If you have been hurt in an auto accident and are concerned your coverage will not provide adequate protection for your medical needs, contact the law office of Turner and Turner for a free consultation to ensure your rights are adequately protected.

Our office recommends if you are a victim of an auto accident, or other personal injuries as a result of someone’s negligence, call as soon as you’re able; your rights can be affected. There are many things your attorney will undertake to ensure your right to compensation and recovery remains safeguarded.

Insurance companies immediately work to reduce what they owe. We know from experience that insurers immediately preserve evidence, take statements, and research victims and witnesses.

Often, insurance representatives, referred to as adjusters, will fight the insurance company’s liability by saying the victim has some culpability. This ploy is to assert the victim owns some portion of fault, thus reducing what is owed, or; insurance companies often argue the injury was actually the result of a pre-existing condition.

Having a personal injury lawyer will even the playing field and help maximize the value of an injury claim. Sometimes a victim cannot get to their doctor right away, or may not know which doctor to see. Indecision may cause a time gap between the crash and medical care. This is important to avoid: Any gap between a crash and medical care is an excuse for the insurance company to not pay what they rightfully owe.

Personal Injury attorneys and their staff spend much of their time talking with doctors and medical providers about the care received by clients. A committed attorney will go the extra mile to make themselves available to you via phone or email. For Turner and Turner, this is the beginning of the process. We offer a free case evaluation to all new clients.

Our attorneys will answer your questions and respond to your concerns promptly, and make understanding the legal process quick and easy for those unfamiliar with the process. A great attorney brings their attitude of commitment to your relationship with them right into the courtroom. We are professionals who work with you to fight for the best results possible.

If you have been the victim of an accident, whether auto, motorcycle or other motorized vehicles, don’t let your rights slip away because of indecision or an inability to navigate the thicket of insurance regulations.

Call Turner and Turner at (248) 355-1727 for a free case evaluation and consultation to preserve your rights to fair and timely compensation.

At issue is the app’s “speed filter” feature, which tracks how fast the user is traveling while taking a self-portrait, or “selfie.” The speed filter is one of several different filters the app includes. Snapchat users can win virtual “trophies” by sending photographs using filters, thereby creating an incentive for users to use features, such as the speedometer, in the app.

Some personal injury lawyers across the country have been asking people if they’ve been “…in a car accident that may have involved Snapchat?” Many attorneys have gone so far as to set up websites explaining local laws on distracted driving in addition to sending out press releases regarding Snapchat’s potential involvement in certain accidents.

According to Inside Counsel magazine, this month a Georgia man sued Snapchat and a young driver for a car crash that left him with serious brain injuries. The suit alleges that the driver was using Snapchat while speeding at over 100 mph; the speed filter feature registered the speed of the car. While distracted, the car crashed into a car the victim was driving and he suffered serious brain trauma as a result, according to the complaint. The lawsuit alleges the speed filter played a role in the driver’s decision to speed.

Snapchat is not commenting on the suit. The company released a general statement about driving while using the app: “No Snap is more important than someone’s safety. We actively discourage our community from using the speed filter while driving, including by displaying a ‘Do NOT Snap and Drive’ warning message in the app itself.”

Snapchat isn’t the only app that’s been targeted by personal injury lawyers for new cases lately. There have been suits that also have gone after apps like Uber and Lyft. However, when a series of accidents regarding distracted driving all involve a specific app, like Snapchat, a question of liability becomes increasingly prevalent. Inside Counsel postulates whether or not this is the “next wave in personal injury lawsuits? Will suits move from just texting and driving to increasingly target specific apps that are deemed to be more distracting to drivers?”

The magazine writes that Snapchat has been implicated in a series of auto accidents around the world as of late. Examples included one from last December, when three people were burned alive in Philadelphia after their vehicle crashed into a parked tractor-trailer filled with dangerous chemicals. It is believed the driver of the vehicle was using Snapchat at the time of the accident.  And, last summer, a young woman in Brazil broadcast her accident over Snapchat, documenting that she was travelling 110 miles per hour at the time of the crash.

To further limit Snapchat’s potential liability, the company recently updated the app so that a warning reminding the user not to snap and drive pops up when the speedometer filter is in use.

The Georgia case has not yet gone to trial and, while still not the norm, as apps become increasingly influential in how people conduct their behavior, personal injury attorneys are going to hold those apps accountable if their users cause injury or death to others.

Well, no.

Spring is beautiful, a welcome relief for us in the Midwest. But spring driving has its own set of accident triggers. So, as you hit the roads, keep these in mind and stay safe:

• Increased construction: The joke is old, but remember there are two seasons up here, winter and construction. It really is true. Lots of major construction projects have to be delayed until the warmer weather. Construction causes detours, lane closures and stop and go traffic, increasing the possibilities not only of accidents but of longer commutes. The latest long term construction project is blocking access from the northbound Lodge Freeway to westbound I-94. Remember to check the MDOT website about construction details.
• Wet roads: Despite the absence of snow and sleet, we are moving into the rainiest months of the year (the rainiest is actually June). With rain comes decreased visibility, longer braking times and more collisions. Keep your distance from other drivers during rainy times and be alert.
• Teen drivers: Late spring and summer are the most dangerous times for teen drivers. They are on the roads more and in school less. They pose a hazard to themselves and others. Teens are particularly vulnerable when they are passengers in the back seats, as they often don’t put on seatbelts back there. Be aware of teens on the road and coach the teens in your life about the best ways to stay safe on the road. Read our blog about teen summer safety here.
• Deer: More deer-auto collisions happen in the fall, but they happen in springtime, too, as younger deer wander into roads and their skittish mothers often stay behind. Deer are most active at dusk and dawn, but the deadliest crashes occur at nighttime when visibility is poorest. Be aware of deer population all over Ohio and Michigan, particularly in Oakland County (where they are in residential areas, not just rural ones). Scan the sides of roadways as you drive, take down your speed and remember if you see one deer, you will likely see more. Read about sharing the road with deer here.
• Distracted Driving: The greatest danger to driving is being distracted by your phone, your music, your passengers, your Big Mac, and your make-up. Driving is not the time to multi-task. Stay focused on the road and on your safety and the safety of those around you. Everything else can wait until you get to your destination.

Enjoy the spring, send us your beautiful pictures from the road, including the deer and please keep your eyes in front of you!