No-Fault Litigation

From the beginning of the No-Fault automobile insurance system in Michigan, Foster Swift attorneys have been at the forefront of practice in this area.  We are routinely called upon by our clients to analyze and help resolve claims, as well as to provide representation in litigated matters.  Our experience, both in and out of the courtroom, includes:

• evaluation of “threshold” injuries
• analysis of liability and causation issues
• representation in catastrophic claims
• review of insurance policy exceptions and exclusions
• examination of priorities for payment of first-party “PIP” benefits
• declaratory judgment actions involving coverage disputes
• indemnity and subrogation matters
• property damage claims 
• uninsured and underinsured motorist claims 
• motor carrier and heavy trucking litigation

In order to achieve the optimal outcome for our clients, our attorneys utilize the expertise of outside accident reconstructionists, medical examiners, engineers, toxicologists, human factors experts, and independent investigators.

Finally, we keep our clients apprised of the latest developments in No-Fault law by continually monitoring appellate court decisions and pending legislation and by providing regular “e-blasts” and in-house seminars.  If you would like to receive our Foster Swift No-Fault E-News go to Newsletters Sign up to complete the form and check off No-Fault E-news or you may contact the marketing department at info@fosterswift.com or call 517-371-8116.

Representative Experience

• Received no cause jury verdict on behalf of a first party insurer.
• Assisted in Defense of Auto No Fault Claims and Appeals
• The Validity of a Corporation's Formation and Existence can only be Challenged by the State

Publications & Alerts

• Michigan Supreme Court Clarifies Meaning of "Equipment" and "Alighting" in MCL 500.3106, Foster Swift No-Fault E-News, January 4, 2012
• Medicare Not Limited to the Portion of a Settlement Designated for Medical Losses when Seeking Reimbursement under MSP, Foster Swift No-Fault E-News, December 13, 2011
• Michigan Court of Appeals Gives Guidance for Setting Attendant Care Rates, Foster Swift No-Fault E-News, December 8, 2011
• No-Fault Insurer Cannot Refuse to Pay for Attendant Care Based on Not Having Provider's Taxpayer Identification Number, Foster Swift No-Fault E-News, November 15, 2011
• No-Fault Insured Must Show that an Experimental Medical Procedure is "Efficacious" before It Can Be an Allowable Expense under MCL 500.3107(1), Foster Swift No-Fault E-News, August 31, 2011
• Conservator Fees Can Be Recovered as No-Fault Expenses under MCL 500.3107(1)(a), Foster Swift No-Fault E-News, April 28, 2011

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