Andary Decision Represents Great Victory for the Rights of Crash Survivors
Andary Decision Represents Great Victory for the Rights of Crash Survivors
Hoste: 18,000 crash survivors see renewed hope for justice—but the death today of well-loved quadriplegic victim and former Ford employee is clarion call to finish this fight
LANSING, Mich.—(July 31, 2023)— CPAN, the consumer protection coalition fighting for fair auto insurance laws, said that today’s Michigan Supreme Court decision in the landmark Andary v. USAA et al case represents a major win for crash survivors and the providers who care for them.
“This decision marks the beginning of the end of this nightmare for more than 18,000 crash survivors and their loved ones,” said CPAN President Tim Hoste. “The Supreme Court has issued a strong affirmation that accident victims who were injured prior to the passage of the new law cannot have the rights and benefits they purchased through their auto insurance premiums stripped away by this legislation. This is an enormous victory for the rights of crash survivors, and we want to thank all the advocates who fought along with us to make this day a reality.”
Ellen M. Andary, Philip Krueger, & Eisenhower Center, v. USAA Casualty Insurance Company and Citizens Insurance Company of America — was filed in the Ingham County Court in October 2019, declaring portions of Michigan’s 2019 auto insurance law as unconstitutional.
The lawsuit primarily addresses two provisions of the law that went into effect on July 2, 2021—the significant limitations placed on the right of survivors to receive reimbursement for in-home attendant care services provided by family members, and the non-Medicare 55% fee schedule that dramatically reduces the amount medical providers can be reimbursed by auto insurance companies for necessary care.
Sadly, today’s decision came too late for Brian Woodward, who passed away early this morning.
A well-known advocate for crash survivors, Brian was injured in a car crash in 1983, and become quadriplegic. Thanks to Michigan’s old no-fault law, he was able to live a meaningful, productive life for decades. He was able to go back to college and graduate magna cum laude with a degree in computer science and business administration. He worked as a computer analyst at Ford Motor Company for 30 years. He was an active participant in his community—he coached Little League, he sung in the choir, he hunted and fished. He owned his own home.
Since the implementation of the new law in 2021, Brian lost everything—his home, his caregivers, and now his life. Just a few days before his death, he was interviewed on a popular podcast, saying: “It was totally wrong to pull the rug out from under us, and there’s 18,000 people who were affected. They were wrongly affected, and most of Michigan does not know what happened to them.”
Hoste said the timing of Woodward’s death was a preventable travesty: “Brian Woodward was a fighter. He successfully fought to live a productive and fulfilling life despite the lifelong impact of his auto accident. He fought to be heard about the cruel injustices of Michigan’s auto reform law. The fact that he died the morning this decision was issued speaks to how long this battle has dragged on. Michigan cannot let his death happen in vain. Stand up, advocates. Stand up, lawmakers. End the brutal reign of these rules so that no one else has to die the way Brian died.”
Despite today’s decision, survivors injured after July 2, 2021—including anyone injured in the future—will still be held to the arbitrary and devastating limitations placed on care reimbursements and attendant care. According to a study by the nonprofit public health institute MPHI, as of April 2022, the law had forced the closure of more than 30 businesses and the loss of more than 4,000 jobs. Those numbers will continue to increase unless a reasonable fee schedule is implemented by the Michigan Legislature, Hoste said.
“The goal of auto insurance reform was to lower costs, not to deny people care,” Hoste said. “A fair and sustainable fee schedule will ensure that providers can keep their doors open while lowering costs by reducing delays and litigation. Brian was a hero to this cause, and we need to make sure he did not die needlessly. The Legislature needs to understand that its work is not done—they must pass a solution that protects the continuum of care. Our fight is not over until all crash survivors get the justice they deserve.”
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CPAN is a broad bipartisan, Michigan-based coalition whose mission is to be the consumer advocate for auto insurance policyholders, those who have been injured in a motor vehicle crash and the medical providers caring for them, representing them at the Capitol, in the courts, and in the public forum. For more information, please visit www.CPAN.us.