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Progressive Insurance Sued By Brain Injury Victim For No-Fault Benefits

Our car accident injury lawyers at Buckfire & Buckfire, P.C. recently filed a no-fault insurance lawsuit for a client in the Wayne County Circuit Court.  The case arises out of a rear-end motor vehicle accident that occurred in the city of Utica. The client was a passenger in a vehicle that was involved in a multi-vehicle accident when a negligent driver struck the rear-end of the vehicle.   The client suffered multiple injuries, including aggravations to pre-existing injuries.  His injuries include neck pain, right shoulder pain, chronic headaches, traumatic brain injury, uncontrolled high blood pressure, falling asleep while driving, blood in urine, and numbness in his left hand and left leg.

The client’s insurance company at the time of the accident was Michigan Progressive Insurance Company a/k/a Progressive Insurance Company.  Progressive initially paid some benefits, but then placed the case under “investigation” and sent out a reservation of rights letter.  This letter states, in part, “We are handling your claim under a reservation of rights, no action taken to date, nor any action this company might take in the future, to investigate, explore settlement, or defend a lawsuit arising out of the above caption claim, should be deemed to be an admission of coverage.”  This, of course, is the typical insurance company ploy to delay paying on a valid claim.

Progressive Insurance Company has not paid our client’s wage loss benefits or other no-fault benefits in several months.  As a result, we filed a lawsuit on court for payment of these benefits.  The first party lawsuit also seeks damages for attorney’s fees and interest related to the filing of this case and the failure to timely pay benefits.  No trial date has been set by the court.

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