Judicial Attacks On Michigan Motorists
A Comment in today's Free Press by MICHAEL DABBS,president of the Brain Injury Association of Michigan and spokesperson for the Coalition Protecting Auto No-Fault, clearly sets forth how the pro-insurance appellate judges of the State of Michigan are taking away the rights of Michigan citizens who are involved in automobile accidents.
For instance, It has always been the law that accident victims are entitled to pursue claims against at-fault drivers for noneconomic damages if the injury constitutes a "serious impairment of body function." Recently however, the insurance industry has succeeded in convincing the Michigan Supreme Court to interpret this legal requirement in a way that will disqualify large numbers of accident victims who have sustained significant injury, including brain injury, from holding at-fault drivers accountable for damages. Interestingly, in response to ballot proposals in 1992 and in 1994, Michigan citizens twice rejected similar immunities for at-fault drivers. In spite of that clear expression of public sentiment, the insurers have had their way in the appellate courts and the rights of Michigan citizens are being eroded daily by our courts in favor of the deep pockets of the insurance industry.
As stated by Mr. Dabbs, "The time has come for all Michigan drivers to become fully knowledgeable about the important legal rights and insurance benefits available to them under Michigan's model no-fault insurance act and to become vocal and active to ensure that those rights and benefits are not eroded by legislation and court decisions." I could not agree more.
To read the Free Press article in full click here
Contact your legislative representatives
by clicking here for a directory
For instance, It has always been the law that accident victims are entitled to pursue claims against at-fault drivers for noneconomic damages if the injury constitutes a "serious impairment of body function." Recently however, the insurance industry has succeeded in convincing the Michigan Supreme Court to interpret this legal requirement in a way that will disqualify large numbers of accident victims who have sustained significant injury, including brain injury, from holding at-fault drivers accountable for damages. Interestingly, in response to ballot proposals in 1992 and in 1994, Michigan citizens twice rejected similar immunities for at-fault drivers. In spite of that clear expression of public sentiment, the insurers have had their way in the appellate courts and the rights of Michigan citizens are being eroded daily by our courts in favor of the deep pockets of the insurance industry.
As stated by Mr. Dabbs, "The time has come for all Michigan drivers to become fully knowledgeable about the important legal rights and insurance benefits available to them under Michigan's model no-fault insurance act and to become vocal and active to ensure that those rights and benefits are not eroded by legislation and court decisions." I could not agree more.
To read the Free Press article in full click here
Contact your legislative representatives
by clicking here for a directory
posted by Neil Davis, Esq. at
10:02 AM
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