PIP Claimant Bears Burden of Providing Proof in Support of PIP Claim
Recently, the Michigan Court of Appeals issued an instructive opinion in Fuchs v. Michigan Catastrophic Claims Association addressing a claimant’s burden of submitting reasonable proof in support of a PIP claim.
In August of 2001 an individual suffered a fractured vertebra in his back due to a motor vehicle collision. Plaintiff had a subsequent surgery to treat the injury. The individual developed degenerative disc disease which eventually caused spinal cord complications leading to three more surgeries in 2018 and 2019. The individual filed a complaint against his insurer in December of 2018. The Defendant argued they were entitled to Summary Disposition because the Plaintiff failed to provide any documentation to support his claims for expenses related to the surgery. The Defendant’s motion for Summary Disposition was denied.
The Defendant argued on appeal that the trial court erred by denying the motion because the Plaintiff was required to provide proof of the services rendered and the expenses incurred as it related to the surgeries. As a result, the Defendant argued the Plaintiff failed to establish that there was a genuine issue of material fact as benefits owed to the Plaintiff. As a Plaintiff seeking PIP benefits, and as the non-moving party facing a Motion for Summary Disposition, the Plaintiff was required to provide evidence regarding the expenses incurred in relation to the surgeries. The Court of Appeals held the Plaintiff failed to do that by waiting till trial to produce evidence of the incurred expenses.
Our law office has often argued the exact point raised by the Defendant in this matter when filing a Motion for Summary Disposition. It is the Plaintiff’s burden to submit “reasonable proof” of a PIP claim. It is not the insurer’s obligation to track down a claimant’s proofs. The decision of the Court of Appeals defines proofs must be produced by a Plaintiff in the state of Michigan when seeking PIP benefits.
Read entire case at:
Fuchs v. Michigan Catastrophic Claims Association
About Alexander & Angelas, P.C.
Attorney Peter A. Angelas represents defendants in civil liability litigation across Michigan and Northern Ohio. His practice areas include insurance defense litigation, premises liability, motor carrier (trucking) defense, corporate and commercial litigation, construction defect litigation, auto negligence, insurance coverage disputes, emergency casualty response services, alternative dispute resolution, subrogation claims, workers’ compensation, employment law, and liquor liability.
Mr. Angelas practices in all state and federal courts in Michigan, including Wayne County (Detroit), Macomb County (Mount Clemens), Oakland County (Pontiac), Washtenaw County (Ann Arbor), and Genesee County (Flint). Legal services are also provided in Northern Ohio.
A 24/7 Emergency Hotline is available (800-219-0007) for trucking and insurance company clients. When an accident requires an immediate response to protect evidence, members of the firm quickly launch an investigation with the assistance of well-qualified accident investigators, crash re-constructionists, mechanical engineers, civil evidence photographers, and independent adjusters positioned throughout Michigan and Northern Ohio.
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