Court of Appeals Decision Shines Light on Injustices Endured by 18,000 Crash Survivors

Judd: “While today’s decision restores justice and fairness to current crash survivors, anyone injured in the future will not be protected—that requires a Legislative solution. It’s clear to anyone who’s been paying attention that the law is cruel, unjust and ineffective”  

BRIGHTON, Mich.—(Aug. 25, 2022)— Michigan Brain Injury Provider Council (MBIPC) Executive Director Tom Judd today released the following statement in response to the Michigan Court of Appeals’ decision in the case of Ellen M. Andary, Phillip Kruger, & Eisenhower Center v. USAA Casualty Insurance Company and Citizens Insurance Company of America:  

“We’re grateful that the Court of Appeals has sided with crash survivors and determined that Michigan’s new auto insurance law violates their Constitutional rights. Whether intended or not, applying the 45% cut in catastrophic care and limit on family-provided attendant care hours was unjust, inhumane, not grounded in facts, and as the Court declared today, ultimately unconstitutional.”

Families should have the right to choose who provides the care for their catastrophically injured loved ones—and they are entitled to the full range of services they paid for with their premiums.

While today’s decision restores justice and fairness to current crash survivors, anyone injured in the future will not be protected—that requires a Legislative solution. It’s clear to anyone who’s been paying attention that the law is cruel, unjust and ineffective. Today crash victims, families and care providers can breathe a new breath of hope; but we must continue to call on the Legislature and Gov. Whitmer to prioritize fixing the law to protect crash survivors when they return to session.”

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Members of the Michigan Brain Injury Provider Council are committed to providing high quality, ethical rehabilitation services, with the mission of achieving the best outcomes for patients. As a trade association established in 1987 and based in Brighton, Michigan, MBIPC offers resource-sharing, information exchange, professional development and education, advocacy for brain injury standards of care and legislation protecting Michigan families, and the promotion of ethical conduct.