 Miller & Tischler, P.C.
26711 Northwestern Hwy. Ste. 200
Southfield, MI 48033
(248) 945-1040 |
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M&T
No-Fault News
August 1, 2010 |
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26711 Northwestern Hwy. Ste. 200
Southfield, MI 48033
248-945-1040 |
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Dear Friends,
Hello again! This edition features some truly exciting developments from the Courts and our firm. We want to keep you updated in the world of Michigan's No-Fault auto insurance law. Please feel free to contact us with any questions you may have. We do not charge for initial consultations or to answer basic No-Fault questions.
Visit our new website:
www.millertischler.com
Sincerely,
M & T Legal Team
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Firm News
Continuing Education
The Michigan Association of Justice will be hosting the 2010 Michigan No-Fault Institute Seminar on September 1 and 2, 2010. The seminar will be held at the Westin in Southfield. Further information can be found at the Michigan Association of Justice website. Wayne Miller, Ronni Tischler and many other prominent Michigan No-Fault attorneys will be speaking on various subjects ranging from the PIP Statute of Limitations to ERISA complications.
*SAVE THIS DATE*
Case Management and Occupational Therapy Seminar
Who: Miller & Tischler, PC
When: October 29, 2010 from 8:30 to 1:30
Where: Radisson in Bloomfield Hills
TOPIC: "Catastrophic No-Fault Insurance Claims: Current Issues"
For Case Managers and Occupational Therapists
Agenda
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8:00 |
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8:30 |
am |
Registration/coffee | |
8:30 |
- |
9:00 |
am |
Welcome, Intro to NF Law | |
9:00 |
- |
9:30 |
am |
From Homes to Hubcaps: The Ups and Downs of Home and Transportation Claims | |
9:30 |
- |
10:00 |
am |
The Payors Perspective: Catastrophic Loss and the MCCA | |
10:00 |
- |
10:15 |
am |
Break | |
10:15 |
- |
10:45 |
am |
The Attendant Care Continuum: From Home Care to Institution | |
10:45 |
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11:15 |
am |
The Bottom Line: Reasonable Charge and Service Issues | |
11:15 |
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11:45 |
am |
Case Management Issues | |
11:45 |
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12:15 |
pm |
Q&A (Panel) | |
12:15 |
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1:30 |
pm |
Lunch |
This seminar has been approved by the CMSA for 3.5 CEU credit hours. For more information about the seminar and/or registration please contact [email protected].
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Legal Decisions and Verdicts
McCormick v Carrier
On July 31, 2010, the Michigan Supreme Court issued 2 opinions of major significance to our community. In McCormick v. Carrier, the Supreme Court reversed the infamous Kreiner decision. Under Kreiner� negligence actions could not be brought unless a person was injured so severely that the "course and trajectory" of the person's life was changed. This standard required virtually catastrophic injuries. Now, under McCormick, the Court has restored a more reasonable threshold level for bringing negligence claims. To view the opinion in its entirety please click here.
Regents of the University of Michigan v Titan
In Regents of the University of Michigan v. Titan, the Court reversed the infamous Cameron decision. Cameron held that minors and incompetents had no protection against the No-Fault "one year back" rule. Under Cameron, even if the claimant was unable to pursue their claim within a year due to minority or mental incompetence, their claim would be barred. The new Regents decision restores the protections for these most vulnerable members of our society. Now, minors and incompetents (and service providers who claim benefits for treating these injured claimants) will have one year after their disabilities are removed to bring their claims. For minors, this means one year after they turn 18. For incompetents, this means that the one year back rule will never start running until they regain competence. M & T partner Ronni Tischler represented the Regents of the University of Michigan in this critical new holding. To view the opinion in its entirety please click here.
Miller v Citizens
In this published decision, the Court of Appeals held that once a service provider receives notice that its patient has retained counsel in a case where the No-Fault insurer has denied coverage, the provider must pay the attorney the full contingency fee as contracted between the attorney and his/her client if the attorney successfully establishes coverage. To avoid this result, the provider must immediately inform the patient's attorney that it declines the attorney's services. The provider also must take action consistent with that decision. The provider may also want to consider revising its admission documents to make clear that it does not accept the services of any attorney that the patient retains for insurance collections. M & T partner Mark Schreier represented The Detroit Medical Center, who the trial Court characterized as a "constructive party" in the dispute. To view the opinion in its entirety please click here.
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Ask Wayne
Who is responsible for paying my medical bills?
The No-Fault law provides that "... all reasonable charges incurred for reasonably necessary products, services and accommodations for the injured person's care, recovery or rehabilitation" should be paid by your No-Fault insurer. This brief sentence has been and continues to be the subject of many court battles. Generally speaking however, your medical expenses include doctor bills, hospital bills, medication costs, medical equipment and rehabilitation expenses. To read the actual statute identifying Medical Coverage as a compensable benefit click here.
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Testimonials
"Wayne Miller is one of the best lawyers in Michigan. I have worked with him on several matters and have been impressed on each and every one. His work ethic, attention to detail, and overall legal abilities are outstanding. If you are looking to retain one of the best attorneys in Michigan, I highly recommend and endorse Wayne Miller." - Prominent Michigan Attorney
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About Our Law Firm
Miller & Tischler, P.C., represents survivors of catastrophic brain and spinal injuries, their families and their professional service providers who are having difficulty pursuing their entitlement to receive No-Fault benefits for injuries sustained in motor vehicle accidents. We assist our clients in learning about and obtaining all of the benefits to which they are entitled and help them understand how their No-Fault insurance may coordinate with other kinds of insurances they have whether it be private health insurance, Medicaid, Medicare, Workers' Compensation, or Veterans benefits.
Let Us Help You.
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