Miller & Tischler, P.C. 

28470 W. 13 Mile Rd. Ste. 300
Farmington Hills, MI 48334
(248) 945-1040

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No-Fault News
Fall 2013

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Dear Friends,


We hope you had a wonderful summer.  Here is what is happening in the No-Fault world as we go "back to school."      


Wayne, Ronni, Maureen and Milea







The legislature was off for the summer and thus we had some respite from the relentless attack on our No-Fault system. Now that the legislature is back in session, No-Fault legislation remains a high priority for the insurance industry. Already they have snapped into action with House Bill 4959 which would exempt Medicare eligible drivers from the No-Fault system. This is a bad idea for many reasons. The most obvious is that No-Fault succeeds when we have a large pool of contributing drivers. Any effort to remove drivers from the system diminishes the pool and hence the strength of the system. It's also a bad idea for elderly drivers. The siren song of lower premiums will seduce many to opt out of No-Fault coverage, leaving them without the wonderful coverages that we rely on in cases of serious injury. Even the medical benefits that are covered by Medicare are not as extensive as provided by No-Fault so that the injured elderly will have to pay out of pocket for certain items. THIS BILL IS ANOTHER ILL ADVISED EFFORT AT "REFORM." So it is time for us once again to step up and be vigilant about this process. We will continue to keep you informed as the fall progresses.






We want to alert you to a very disconcerting trend in cases seeking No-Fault benefits for motorcycle/motor vehicle accidents. As you may know, No-Fault benefits are available to those injured in "motor vehicle" accidents. Strangely, motorcycles are not considered to be "motor vehicles" under the No-Fault Law. However, motorcyclists may still get No-Fault benefits if the injury arises out of the use of a motor vehicle (e.g., a car or truck). Motorcycles that have actual physical contact with a moving motor vehicle easily satisfy this test. The disconcerting recent trend regards motorcyclists who do not make physical contact with the motor vehicle, but rather who are injured while taking evasive action. In one recent case, a motorcyclist saw a car with headlights coming his way and laid his bike down to avoid the collision.   


In another case, a motorcyclist suddenly came up behind a truck that was slowing down to turn left. Again, the motorcyclist laid her bike down to avoid the collision. Serious injuries resulted in both cases. In both cases, the Court of Appeals found that the involvement of the motor vehicle was not sufficiently close to invoke No-Fault coverage. We believe both conclusions are erroneous and appeal is being sought. But at this point, be aware that courts appear to be taking a more stringent view of coverage in cases where motorcyclists are injured in cases that do not involve actual physical contact with motor vehicles.







M&T'S June, 2013 Newsletter discusses Admire v Auto Owners Ins Co which we characterized as perhaps the most important decision on "'allowable expenses'" in years.  To recap, in Admire, the Supreme Court held that a No-Fault insurer is only required to pay the cost of van modifications and not the base price of the van since the cost of the van and the cost of modifications are easily separable.  We noted that Admire is a van case, not a housing case, but that it overturned two housing cases that used an incremental approach to payment for housing. 


To date, we are unaware of any appellate decision that applies Admire to a claim for housing.  Nevertheless, as previously suggested, Admire impacts claims for housing modifications.  For one client, a proposed agreement for housing accommodations awaiting final approval from the reinsurer (the Michigan Catastrophic Claims Association) at the time the Supreme Court issued Admire returned to us for renegotiation in light of Admire.


While M&T continues to view Admire as tragic, careful strategic planning can produce positive outcomes.  For example, those who regularly attend medical appointments at considerable distance from the house may cause the insurer to incur transportation costs with a transportation company or a rental van far in excess of the cost of purchasing a modified van.  For one client, with a foreign automobile insurer responsible for his PIP benefits, this precise scenario forced the insurer to consider the purchase of a modified van so as to avoid greater transportation costs with other arrangements.  In another instance, a No-Fault insurer secured approval from the MCCA for the purchase of a modified van as part of a settlement that included a waiver of an otherwise compelling claim for penalty attorney fees.  While each situation is different, M&T continues to work with each client in need of modified transportation to create a unique solution to best overcome Admire






M&T says so long to our long time Vice-President, Mark Schreier. Mark and his wife have moved to Hartford, Connecticut. We thank him for 8 years of excellent service, hard and brilliant work, and a lot of fun. We'll miss you!     


M&T is proud to announce that Milea Vislosky has become an Officer of the Corporation, joining Wayne, Ronni and Maureen. During Milea's 6 years with M&T she has served with hard work and passion, and has demonstrated a high level of commitment and skill to the management of our client's legal concerns.  Milea, your fellow Officers welcome you!   




M&T is proud to announce that 2 attorneys have joined our firm.  We welcome Andrew J. Horne and Jay B. Schreier to M&T. 


Andrew practices in the area of No-Fault Insurance Law, Negligence and Premises Liability. He graduated with distinction from the University of Michigan in 2005, where he earned a Bachelor of Arts Degree in Psychology. He later obtained his Juris Doctor from Wayne State University School of Law in 2008. Since his admission to the bar, he has focused exclusively on the representation of personal injury victims and medical service providers who have been denied rightful compensation from their patients' insurance carriers. Andrew is a member of the Michigan State Bar and the Michigan Association for Justice.



Jay received his Juris Doctor and graduated cum laude from Wayne State University Law School in 1985 where he was an Associate Editor of the Wayne Law Review and awarded the Order of the Coif.  Jay has handled a wide variety of personal-injury and commercial litigation during his 28-year career.  Since 2005, Jay has concentrated his practice on claims under the No-Fault Act with a particular emphasis on claims for modified accommodations. 



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 help our clients 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. We also assist our clients in learning about and obtaining all of the benefits to which they are entitled, whether they be individuals or service providers.


Let Us Help You.