In this no-fault/personal injury protection benefits case, the plaintiff sought over $300,000 in no-fault benefits allegedly arising from a 2020 minor damage motor vehicle accident where she was rear-ended by a tow truck.
The plaintiff also had a 2012 accident for which she received five separate spinal surgeries and was actively treating for up to the 2020 accident. The insurance company made reasonable payments for the treatment in the months following the 2020 accident, but then had questions about whether the treatment was actually related to the 2012 accident.
In discovery, it came out that the no-fault carrier for the 2012 accident had actually paid for a significant amount of treatment following the 2020 accident. The theme was that there was a temporary exacerbation of the plaintiff’s underlying chronic conditions, but she had returned to her baseline within three to four months following the 2020 accident and the bills being sought were not reasonably necessary for the plaintiff’s care, recovery, or rehabilitation.
After a three-day trial, a Macomb County jury agreed with the defense and found that no allowable expenses were owed.