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Finding fault in the no fault hole

How sweet. In a Michigan car crash, no one is officially at fault, except under certain rare circumstances.

But when it comes to the issues rising from no fault auto insurance reform, there is plenty of blame to go around.

We agreed with and understood the frustration felt by many Michigan residents who were tired of paying highest-in-the-nation car insurance rates for coverage, for most, that was middle of the road.

But there were potential problems with the reform bill that found resounding legislative and public support that the Record-Eagle flagged early.

What about the 6,000 Michigan or so families wrecked by catastrophic, lifelong injuries that depend on the personal injury protection they paid for? How can the rehabilitation centers that care for the injured withstand 45% cuts for therapy and home health care services not covered by Medicare? What guarantees are there that rates will lower?

What came to pass highlights the worst of our concerns.

A year has passed and those suffering from catastrophic medical conditions, like traumatic brain injury, continue to lose care and services. A year has passed, and the $25 million no-fault fund hasn’t stopped medical providers from closing their doors. A year has passed and insurance rates are still debilitatingly high, especially in Detroit.

Advocates claimed a win this month when a Washtenaw County circuit court judge declared the caps on payments to medical providers “unconstitutional” and ordered State Farm Insurance Co. to resume paying Stephen Gedda’s home health care bills. Gedda was severely injured in a 2011 car crash.

But lower court rulings won’t fix the cascade of trouble. It requires legislative action, and while several bills have been introduced, they linger. Our leaders must loosen the inertia on the bills and purse strings to the $25 million no-fault fund.

Crash survivors and their families and service providers can participate in a Michigan Public Health Institute (MPHI) survey on the impact of the reforms through May 15. The survey seeks those who didn’t participate in the fall 2021 study commissioned by the Brian Injury Association of Michigan, which found the reform led to the discharge of 1,500 patients and the loss of 3,000 jobs, according to The Detroit News.

For this crash was foretold in 2019, and while it was slow moving, we all saw it coming. No fault auto reform is a misnomer as the casualties mount.

— Traverse City Record-Eagle

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