Families Of Brain Injury Victims Take On Auto Insurer At 6th Circuit Court
The aftermath of an automobile accident can be very devastating to victims and their families. Many victims are left disabled or even incapacitated after they have become involved in an accident. Some people think that their auto insurance company will just cover every medical related expenses after they have been injured in an accident but this is not always true.
For most accident victims, there can be issues with certain medical claims that have been filed. One example is the fact that the 6th Circuit Court has stated that automobile accidents who have suffered brain injuries cannot sue their auto insurance company again to try to get the company to pay for their in home care for their injuries.
Six people who suffered brain injuries recently filed a lawsuit against their auto insurance company because they were no longer getting their claims paid for. At the beginning, the six victims were being allowed to filed claims for expenses related to their in home care. However, as time went on, the insurance company decided to reduce the compensation that they were offering the victims and then slowly shut off the compensation.
The insurance company stated that the reason for this action was that the proper documentation was not being submitted to them from the victims. They also stated that they did not know what kind of care each victim was receiving and how much the care would cost them.
After this happened, a lawsuit was filed against the company. The trial was ruled on by a jury after 20 days in court. The jury found in favor of the auto insurance company. They stated that none of the six accident victims had incurred expenses that would be allowed to get compensation.
The family members who were helping to provide help and care to the automobile accident victims should have presented the proper documentation to the insurance company. The insurance company needs to be shown that the victim did incur the expenses for the in home care that they received.
The case took place in Michigan which is a no fault insurance state so accident victims are entitled to medical care without a lifetime cap after they have been injured in an automobile accident. However, when the case went before the court, the insurance company stated that the family members should have documented the times of the care and what the care was for. The family members should have been able to supply receipts and other documentation because they were being billed for the care and the care was being administered at home. The family members were the only witnesses and they had the responsibility to provide the information to the insurance company.
Auto insurance companies have been subjected to instances of fraud for many years. They want to know that the money that they are paying out for insurance claims is for expenses that were incurred.
When the Sixth Circuit Court got the case, the judge went over all of the facts surrounding it. A case in 2007 is similar to this one. In it, a female automobile accident victim sued her auto insurance company for her home care.
She was able to have sanctions brought against the insurance company because she had witness testimony and letters from medical professionals attesting to the fact that yes she was indeed receiving at home care. However, the case has not had the sanctions handed down yet which means that the judge does not exactly have that case to compare it to.
It is important for people to understand that they really have to make sure that they document any insurance claims as fully as they can. It can be extremely exhausting to have to help to care for an accident victim that has suffered a brain injury.
Many of these victims are disabled so they have a hard time even leaving their bed or the house. Auto insurance companies want to make sure that every expense that they pay out for is one that is justifiable. In Michigan, people are entitled to lifetime benefits for their injuries so the insurance companies are required by law to honor their obligations.
Judges and juries see it in a way where the insurance company is not asking for a whole lot from the families who represent brain injury victims. These six accident victims probably would have continued to received compensation to cover the expenses for their in home care if they had just submitted the information that was asked for in the first place.
Hopefully, families will be able to learn a lesson from this court case in Michigan. Always request documentation for care stating the time, date, and costs of the care that is being given. This allows insurers to process the claims properly so that the victim gets the help that they so desperately need.
