On May 30, 2019, Governor Gretchen Whitmer signed historic bipartisan no-fault auto insurance reform legislation to lower costs for Michigan drivers, maintain the highest coverage options in the country, and strengthen consumer protections. The legislation, which came into effect on July 1, 2020, offers Michigan drivers new choices and lower-cost insurance options.
Characteristics | Values |
---|---|
Date of signing | May 30, 2019 |
Governor | Gretchen Whitmer |
Aim of the bill | To provide insurance coverage options, lower rates for Michigan drivers, maintain the highest benefits in the country, and strengthen consumer protections |
Previous situation | Michigan had the highest auto insurance benefits and the highest costs |
New options | Drivers can now choose from one of four No-Fault PIP medical benefits coverage levels: (1) $50,000 for drivers enrolled in Medicaid; (2) $250,000; (3) $500,000; and (4) unlimited or no limit |
Opt-out option | Drivers with Medicare can choose to opt out of No-Fault PIP medical benefits altogether |
Attendant care | Auto insurance companies will not be obligated to pay for more than 56 hours per week for in-home, family-provided attendant care |
Michigan Catastrophic Claims Association | The MCCA will continue to pay for the medical costs of catastrophically injured car accident victims claiming benefits through a No-Fault auto insurance policy issued or renewed before July 2, 2020. For policies issued or renewed after July 1, 2020, the MCCA will only pay for a car accident victim's catastrophic medical coverage if "unlimited" was the No-Fault PIP medical benefits coverage level selected |
Fee schedule | Starting July 1, 2021, doctors, hospitals, clinics, medical providers, and other persons who treat and care for car accident victims will have to conform their charges for services to a new Medicare-based fee schedule |
"Excess" medical expenses | Car accident victims whose accident-related medical bills exceed the relevant No-Fault PIP medical benefits coverage level in the auto insurance policy through which they have made their No-Fault claim will be able to sue the at-fault driver in a third-party tort lawsuit for payment of present and future "excess" medical bills |
Michigan Assigned Claims Plan | Car accident victims who must claim Michigan No-Fault insurance benefits through the Michigan Assigned Claim Plan will be subject to a cap of $250,000 on medical benefits |
Bodily injury liability coverage | Starting on July 2, 2020, drivers will be required to carry bodily injury liability insurance in the amounts of $250,000 and $500,000, but will have the option to purchase lower limits of $50,000 and $100,000 |
Prohibited factors for setting car insurance rates | Sex, marital status, home ownership, education level attained, occupation, the postal zone in which the insured resides, and credit score |
Mini tort | The maximum recovery amount for car accident-related vehicle damage under Michigan's mini tort law will increase from $1,000 to $3,000 for car accidents after July 1, 2020 |
What You'll Learn
The bill was signed by Governor Gretchen Whitmer
On May 30, 2019, Governor Gretchen Whitmer signed historic bipartisan no-fault auto insurance reform legislation (Public Acts 21 and 22 of 2019) to provide insurance coverage options, lower rates for Michigan drivers, maintain the highest benefits in the country, and strengthen consumer protections. The bill signing took place at the Grand Hotel during the Mackinac Policy Conference.
The bill ended Michigan's unique requirement that motorists purchase auto insurance policies that guarantee uncapped lifetime medical benefits in the event of a catastrophic crash. Instead, insurers can now sell reduced-coverage policies but are mandated to lower medical premiums for eight years. The bill also prohibits insurers from considering non-driving factors like sex, marital status, and credit score when setting rates.
Governor Whitmer had initially stated that she would veto any auto insurance reform bill that includes a full medical opt-out for drivers with qualifying health insurance. However, she conceded to GOP leaders on this point in the final version of the bill. Despite this concession, she celebrated the new legislation as an example of bipartisan cooperation, urging lawmakers to continue working together to fix the problems facing Michigan.
The auto insurance reform bill signed by Governor Whitmer is expected to lower costs for Michigan drivers and provide them with more options for coverage. However, critics argue that it may strip important treatment guarantees for catastrophically injured motorists and shift costs to other forms of insurance, including taxpayer-funded programs like Medicaid.
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The bill provides insurance coverage options
On May 30, 2019, Governor Whitmer signed bipartisan no-fault auto insurance reform legislation to provide insurance coverage options, lower rates for Michigan drivers, maintain the highest benefits in the country, and strengthen consumer protections. The new law applies to auto insurance policies issued or renewed after July 1, 2020.
Michigan previously had the highest auto insurance benefits, but also the highest costs. Mandatory unlimited Personal Injury Protection (PIP) medical benefits proved too expensive for many Michigan families, and some drivers who could not afford the costly unlimited coverage were driving uninsured. The new law lowers premiums while still offering a choice of coverage options, including unlimited lifetime PIP medical benefits.
Drivers in Michigan now have a choice of four No-Fault PIP medical benefits coverage levels: (1) $50,000 for drivers enrolled in Medicaid; (2) $250,000; (3) $500,000; and (4) unlimited or no limit. These new No-Fault medical coverage choices became available in policies issued or renewed after July 1, 2020.
Drivers who have Medicare can choose to opt out of No-Fault PIP medical benefits altogether. However, if they are injured in a car accident, No-Fault will not pay for any accident-related medical bills. The legislative intent behind this change is that these drivers would turn to Medicare for medical coverage for injuries suffered in a car accident. The Medicare/opt-out option will become available in policies issued or renewed after July 1, 2020.
The new law also includes other significant changes, such as attendant care limits, a fee schedule, and increased bodily injury liability coverage. It is essential for drivers and car accident victims to understand how these changes may impact their legal rights and their ability to recover No-Fault PIP benefits after a car crash.
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The bill lowers insurance rates for Michigan drivers
On May 30, 2019, Governor Gretchen Whitmer signed a bipartisan no-fault auto insurance reform bill into law, which came into effect on July 1, 2020. The bill was designed to lower insurance rates for Michigan drivers, who previously had to pay the highest costs in the country.
Michigan drivers were previously required to carry "unlimited" No-Fault medical coverage, which proved too expensive for many families. The new law gives drivers the option to reduce their premiums by relying on their own health insurance for their medical bills. The bill also offers four No-Fault PIP medical benefits coverage levels: $50,000 for drivers enrolled in Medicaid, $250,000, $500,000, and unlimited or no limit.
In addition, the new law prohibits auto insurance companies from using non-driving-related factors such as sex, marital status, home ownership, credit score, and occupation to set car insurance prices. It also increases the minimum coverage for bodily injury liability insurance and raises the maximum recovery amount for car accident-related vehicle damage under Michigan's mini tort law.
The bill also includes other changes to Michigan's No-Fault law, such as opt-outs for drivers with Medicare, limitations on attendant care, and a fee schedule for medical providers. These changes aim to give drivers more choices and flexibility while also lowering insurance rates.
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The bill maintains the highest benefits in the country
On May 30, 2019, Governor Whitmer signed a historic bipartisan no-fault auto insurance reform bill that maintains the highest benefits in the country while lowering rates for Michigan drivers. The bill, Public Acts 21 and 22 of 2019, took effect on June 11, 2019, and applies to auto insurance policies issued or renewed after July 1, 2020.
Michigan previously had the highest auto insurance benefits and costs in the country. Mandatory unlimited Personal Injury Protection (PIP) medical benefits proved too expensive for many Michigan families, resulting in some drivers going without insurance. The new law addresses this issue by providing drivers with a choice of coverage options, including unlimited lifetime PIP medical benefits, while still lowering premiums.
Under the new law, drivers can choose from four No-Fault PIP medical benefits coverage levels: $50,000 for drivers enrolled in Medicaid, $250,000, $500,000, or unlimited. Additionally, drivers with Medicare can choose to opt out of No-Fault PIP medical benefits altogether, although No-Fault will not cover any accident-related medical bills in this case. This change is intended to allow these drivers to rely on Medicare for medical coverage following a car accident.
The new law also includes other significant changes, such as limits on attendant care, a fee schedule for medical providers, increased bodily injury liability coverage, and the elimination of certain non-driving factors that insurance companies can use to set rates. These changes aim to provide insurance coverage options, lower rates for Michigan drivers, maintain the highest benefits in the country, and strengthen consumer protections.
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The bill strengthens consumer protections
On May 30, 2019, Governor Whitmer signed a bill to provide insurance coverage options, lower rates for Michigan drivers, and strengthen consumer protections. The bill, Public Acts 21 and 22 of 2019, took effect on June 11, 2019, and applied to auto insurance policies issued or renewed after July 1, 2020.
Additionally, the bill established a Fraud Investigation Unit to investigate criminal and fraudulent activity related to insurance and financial markets. This unit enhances consumer protection by deterring and addressing fraudulent activities that may harm consumers.
The bill also increased transparency and oversight of the Michigan Catastrophic Claims Association (MCCA). The MCCA is now required to provide annual reports to the Legislature, post an annual consumer statement on their website, and undergo audits by the Michigan Department of Insurance and Financial Services (DIFS) every three years. This increased transparency ensures that the MCCA is accountable to consumers and that their practices are fair and in the best interests of policyholders.
Furthermore, the bill introduced prior approval requirements for auto insurance rates and policies. All rates and policies must now be filed with and approved by DIFS before being offered to consumers. This measure ensures that consumers are protected from unfair or excessive rate increases and that insurance companies cannot unilaterally change rates without regulatory oversight.
The bill also allows for increased fines and penalties for insurance companies, agencies, and licensed agents who violate the law. This provision strengthens consumer protection by providing a stronger deterrent against unlawful practices and encourages companies to uphold the rights and interests of consumers.
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Frequently asked questions
Governor Whitmer signed Michigan's auto insurance bill on May 30, 2019.
The bill aimed to provide insurance coverage options, lower rates for Michigan drivers, maintain the highest benefits in the country, and strengthen consumer protections.
The bill brought about several changes, including:
- PIP choice: Drivers can now choose from different No-Fault PIP medical benefits coverage levels, including $50,000 for drivers enrolled in Medicaid, $250,000, $500,000, or unlimited coverage.
- Opt-out of No-Fault medical coverage: Drivers with Medicare can choose to opt out of No-Fault PIP medical benefits, but No-Fault will not cover any accident-related medical bills.
- Attendant care limits: Auto insurance companies are not obligated to pay for more than 56 hours per week for in-home, family-provided attendant care.
- Michigan Catastrophic Claims Association changes: The MCCA will continue to pay for the medical costs of catastrophically injured car accident victims with policies issued or renewed before July 2, 2020. For policies issued or renewed after that date, the MCCA will only pay for catastrophic medical coverage if "unlimited" was selected as the No-Fault PIP medical benefits coverage level.