What Damage Info Should Be Offered on a Michigan Automobile Insurance Advantages Utility Kind – JD Supra
Requirements is the practical application of their interpretation by the judges.
How did the court determine if a hip injury was covered by a victim's application for Michigan Auto Insurance?
In Dillon, the State Farm attempted to circumvent payment of No Fault benefits for Jessica Dillon's hip injury by claiming that in her Michigan auto insurance claim she granted the State Farm more than two, she did not specifically list as "an injury." “Identified years before she received hip injury-related benefits.
The Dillon Court of Appeals concluded, based on its interpretation that the No Fault Notice of Injury rule does not require a car accident victim to “identify the specific injury for which the insured is later seeking coverage” the victim's application for Michigan auto insurance coverage covered her hip injury and therefore State Farm had to cover her.
However, when the case reached the Michigan Supreme Court, the judges unanimously voted to "vacate the portion of the Court of Appeal's ruling that analyzes MCL 500.3145 and concludes that a plaintiff can comply with the law by merely causing bodily harm." announces ".
But – and this is the fascinating part for Michigan auto attorneys – the judges agreed with the appeals court that the victim's hip injury was covered by the Michigan auto insurance claim and therefore continued to be owed debt-free PIP benefits:
"(A) After she was involved in a car accident, the plaintiff provided timely notification of injuries that had hurt her left shoulder and lower back."
"Years later, the plaintiff sought treatment for an injury to her left hip which the jury said was caused by the same accident."
"Since, as the plaintiff's doctor stated, the hip injury could have caused the lower back pain, her initial notification can be traced back to the eventual injury and was sufficient for the purposes of MCL 500.3145 (1) …", ie no – Infringement rule of the law of fault.
How does Michigan infringement rule apply to a Michigan auto insurance claim?
The Michigan Health Insurance Act contains the following “Notice of Injury” rule that applies to a victim's application for Michigan auto insurance benefits:
An injured party must submit a “written claim…” to the insurer within one year of the accident in order to maintain his or her right to sue for unpaid car insurance benefits without error.
As long as the "written damage report" is received by the motor vehicle insurance company within one year of the accident, proceedings for unpaid no-fault services can be initiated "at any time within 1 year of the last admissible costs, work" loss or loss of survivors. "
The "notification of damage" must contain the "name and address of the beneficiary" and in