TWO NEW CASES SOLIDIFY VANS ARE COVERED BENEFITS 

        We are often asked whether an insurance company is obligated to pay for the entire modified van cost or merely the cost to modify the van. Two recent Court of Appeal decisions answer that question and solidify that the entire van cost is a benefit under the No-Fault law.

         In Yakish, the Court of Appeals ruled that State Farm must pay the entire van expense and insurance cost; not merely a portion of the expense. In Admire, the plaintiff was wheelchair bound and required the use of a modified vehicle. The Court of Appeals held that the entire van cost is compensable.  

        So, what does this mean for an injured claimant that requires a modified vehicle? Even with these important recent Court of Appeals decisions, it is important for plaintiffs to show that a modified van is needed for transportation (ie. they cannot drive a standard vehicle, they cannot access a standard vehicle safely, etc.) and that the cost is reasonable. For more information about van claims, please call or email Maureen Kinsella at mkinsella@msapc.net .  

NEED A WHEELCHAIR BUT HAVE NO INSURANCE?

           A nonprofit foundation, The Wheelchair Recycler may be able to help.  It collects, refurbishes and reissues used power chairs at little to no cost for the end-user.  Most equipment is 90% below market value.  Its mission is to provide customized refurbished power wheelchairs to those in need.  The nonprofit, founded in 1998 by David Heim, a quadriplegic paralyzed in a car accident, has donated over 500 power wheelchairs to uninsured Americans.  This organization also accepts old power chairs that would otherwise end up discarded.  Visit the website for more information: www.wheelchairrecylcer.org

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