FACTS:
This cause of action arises out of a first party no-fault claim for medical and attendant care benefits in Traverse City, Michigan, Grand Traverse County. Plaintiff, a woman in her 70s, took her vehicle to a dedicated maintenance facility to have it serviced. While her car was inside the facility, Plaintiff fell into an oil pit and suffered severe injuries. After submitting an application to receive No-Fault benefits to Defendant, Plaintiff was denied after minimal investigation into the details of the case.
Plaintiff was nervous about driving her car into the garage over the oil pits and asked an employee to do it for her. Plaintiff waited outside while her car was being serviced. Auto garage employees breached their own company policy by allowing Plaintiff to walk, unescorted, into the garage to complete payment for the maintenance work. Garage employees also failed to warn her of the 5-6 foot opening exposing the 8-10 foot deep oil pit behind Plaintiff’s vehicle. Plaintiff fell into the oil pit, was knocked unconscious, and suffered a severe closed-head injury, as well as injuries to her arms, side, and lower extremity. After eight days in the hospital, Plaintiff was transferred to a nursing facility.
Prior to this incident, Plaintiff was completely independent, lived alone, and took care of her 5-year-old granddaughter two days a week. Under recommendations from the Michigan Department of Community Health, a psychological examination found that Plaintiff could not return to living on her own and that she was going to need extended care in a facility placement as well as family support and the 24/7 assistance of others to manage normal activities. Plaintiff will continue to have significant physical, neurological, and cognitive impairments as a result of this accident.
LIABILITY:
Due to Defendant’s unlawful and unreasonable denial of No Fault benefits, liability against Defendant is 100%. The adjuster who denied Plaintiff benefits based on the fact that the car was parked did not take into consideration the exception that if a vehicle is parked in a way that unreasonable risk of injuries exists, Plaintiff is entitled to make a claim for No Fault benefits.
First Party No-Fault Claim for Medical and Attendant Care Benefits in Traverse City, Michigan – Grand Traverse County
The personal injury law firm of Thomas, Garvey & McKenna can help if you or a loved one has suffered an motor vehicle injury in Macomb County, Michigan as a result of another party’s reckless actions or an insurance company is refusing to compensate you for damages. We can provide informed and educated legal counsel on the best way to proceed with your Michigan First Party No-Fault Claim for Medical and Attendant Care Benefits. Give us a call at 586-779-7810.