No-Fault Litigation

Michigan’s No-Fault Act can be confusing. Many people do not understand their rights. After an accident, as medical bills and paperwork start to pile up and you are trying to recover, it is difficult to know where to turn or what you should be doing. That is where we step in. Our No-Fault attorneys know the ins and outs of the No-Fault Act, the specific and technical requirements that must be met to ensure you are properly compensated, and how to make insurance companies pay what they owe.

Our experience includes representing hundreds of accident victims, their families, and medical providers in pursuing benefits under the No-Fault Act. We are regularly retained by those who have sustained catastrophic spinal cord injuries, brain injuries, extensive fractures, and other injuries, and we understand how to deal with the insurance companies and Michigan Catastrophic Claims Association. Our provider work includes representing home care agencies, therapy providers, case managers, transportation companies, and other providers seeking proper and reasonable payment. We have successfully resolved hundreds of claims and protected benefits for accident victims who often require lifetime care and services.

The 2019 changes to the No-Fault Act led to mass confusion and countless accident victims unable to obtain needed services. Providers went without payment for long stretches and then experienced massive cuts in reimbursements, leaving them financially unable to continue services. We were at the forefront of efforts to fight back against insurance companies’ unfair interpretation of the new laws. Numerous accident victims who were at risk of losing their life-sustaining care and treatment retained us to file suit and seek emergency injunctions requiring the insurance company to pay reasonable amounts. We successfully obtained injunctions from numerous courts across the state.[1] We were also the first to obtain a ruling from a Michigan court that the new law was unconstitutional.[2] And we represented ten catastrophic accident victims in filing an amicus brief in the landmark Andary case, where the Michigan Supreme Court confirmed that aspects of the new law do not retroactively apply to accident victims injured prior to no-fault reform.[3]

Insurance companies continue to underpay claims and use various tactics (like “independent” medical examinations or utilization review) to try to avoid paying. We continue to fight on behalf of accident victims and their providers to ensure benefits are protected and proper payment is made.[4]

If you, a friend or family member, or your business needs assistance relative to an auto accident or claims under Michigan’s No-Fault Act, please reach out to our team to set up an initial consultation.

[1]https://www.freep.com/story/money/business/michigan/2022/06/07/michigan-no-fault-car-insurance/7502112001/

[2] https://www.wzzm13.com/article/news/local/mi-judge-on-no-fault-auto-reform/69-c62d782c-a4bd-4b7b-99eb-c82c91d695f8; https://www.rhoadesmckee.com/rhoades-mckee-obtains-emergency-injunctive-relief-to-protect-client/; https://www.michiganpublic.org/transportation-infrastructure/2022-04-22/judge-orders-state-farm-to-resume-paying-for-care-for-quadriplegic-car-crash-survivor

[3] https://www.rhoadesmckee.com/wp-content/uploads/2023/02/Amici-Curiae-Brief-Andary_4075857.pdf; https://www.courts.michigan.gov/4a2661/siteassets/case-documents/opinions-orders/msc-term-opinions-(manually-curated)/22-23/andary-op.pdf

[4] https://www.rhoadesmckee.com/wp-content/uploads/2023/11/11.22.23_Detroit-News_Marsh.pdf; https://www.detroitnews.com/story/news/politics/2024/03/17/michigan-auto-insurance-state-farm-medical-care-unlimited-lifetime-coverage/72275450007/