Case Type: Michigan No-Fault Insurance Benefits for Car Accident
Facts of the Auto Accident Case
This was a first-party no-fault benefits case seeking payment of personal injury protection benefits (PIP benefits) owed to our client as a result of injuries she suffered during a violent head-on collision. The driver of the other vehicle was convicted of drunk driving. At the time of the injury our client was driving a car that was insured by Defendant, United Services Automobile Association.
As a result of the accident she was diagnosed with a closed head injury, cervical spine/neck injury requiring surgical repair, left knee injury, and left hip injury.
At the time of the collision, our client was insured by USAA insurance. USAA wrongfully denied insurance benefits for medical expenses related to the subject collision. She had a previous hip injury that resulted from a prior automobile crash. The defendant insurance company further disputed that the neck injury was related to the subject collision. She was sent for several insurance medical evaluations.
Types of Injuries and Harm Suffered
- Closed head injury
- Cervical spine injury requiring surgical repair
- Left knee injury
- Left hip injury
Other Types of Damages
- Unpaid attendant care
- Unpaid medical expenses
- Unpaid household services
- Unpaid medical expenses
Legal Issues in the Case
- Was the plaintiff’s closed head injury the result of the motor vehicle accident?
- Was the amount of attendant care claimed reasonable and necessary given the extent of injuries?
- Was the left hip injured as a result of the subject collision or a prior automobile accident?
- Was the neck injury and subsequent surgery related to the subject collision?
What We Did To Win The Settlement
We filed a lawsuit in Wayne County Circuit Court against USAA Insurance seeking payment of outstanding no-fault benefits. The lawsuit was filed in Wayne County, rather than Washtenaw County, where the collision occurred.
Depositions were taken of our client and her husband was a captain in the United States Army.
We worked closely with the treating doctors to establish causation concerning each of her injuries. We obtained records from her previous car accident to distinguish the injury to her left hip.
This litigation was settled during a settlement conference held at the Wayne County Circuit Court with Judge Murphy. We arranged for repayment of each medical provider that had gone unpaid during the litigation process.
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