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In an article published in Attorney at Law Magazine, Segal McCambridge Shareholder Stephanie Strycharz and Senior Associate Christopher Best discuss how a recent court decision in Michigan means that, even with revisions to state statutes, the No-Fault Act in effect at the time of an accident still governs procedures an injured party may take against an insurance company. This recent decree from the court is retroactive and applies to automobile accidents that occurred before the No-Fault amendments of 2019.
“The only way a medical provider had standing to maintain an independent cause of action against an insurance company was if they received an assignment of rights from its patient,” write Strycharz and Best. “Centria reaffirms the fact that the no-fault act in effect at the time of an automobile accident applies regardless of when the services are rendered in Michigan.”
If a defense existed under a prior No-Fault Act that was in effect at the time of an automobile accident, it could later be used to defeat a claim. The pair therefore advises that other jurisdictions may elect to borrow from Michigan’s approach in terms of applying No-Fault.
“For Michigan claims, for automobile accidents that occurred prior to June 11, 2019, insurance companies should always ask for an assignment from a medical provider when they submit a bill and medical providers should always obtain an assignment,” write Strycharz and Best.
Read the story in full; click here
