LANSING, Mich., July 31, 2023 — The Michigan Supreme Court affirmed in the Andary v. USAA case today that more than 18,000 Michiganders injured in catastrophic car accidents will maintain the unlimited, lifetime benefits and care they were guaranteed at the time of their accidents.

This decision sides with a bicameral, bipartisan amicus brief filed by state Rep. Julie Brixie (D-Meridian Township) and former state Rep. Gary Howell (R-Deerfield Township), who worked with Marla Linderman Richelew of Linderman Law PLLC to file the brief. It included a memo signed by 96 current and former lawmakers stating that the Legislature did not intend to apply its 2019 overhaul of Michigan’s no-fault auto insurance law retroactively.

In the memo, lawmakers asserted two provisions in the 2019 no-fault auto insurance law should not be applied retroactively — a fee schedule that slashes insurance company payments to providers of post-acute care by nearly half, and a 56-hour-per-week cap on family- and friend-provided, home-based attendant care.

“Michigan lawmakers never intended to take life-sustaining care away from those relying on it after surviving a catastrophic accident,” Brixie said. “These Michiganders paid into our no-fault system for years, even decades, with the understanding that their insurance policy guaranteed lifetime care. I am grateful that the Michigan Supreme Court affirmed the decision of the Michigan Court of Appeals to right this wrong and ensure survivors injured prior to the 2019 overhaul retain the high-quality care they are entitled to.”

Rep. Brixie and the late state Rep. Andrea Schroeder (R-Independence Township) worked with Linderman to submit an earlier brief signed by 73 bipartisan, bicameral current and former lawmakers when this case was heard in the Michigan Court of Appeals.

“I’m grateful the Michigan Supreme Court granted us amicus curiae status and reached the right conclusion,” Brixie continued. “While this ruling is a huge victory for the thousands of Michiganders injured prior to the no-fault changes, the years of uncertainty and rising fee schedules have already led to the closure of many quality care providers and a serious reduction in the quality of life for many survivors. The work isn’t done yet, and I hope my colleagues in the Legislature will take another look at the fee schedule to ensure every Michigander can access world-class care.”