The Brain Injury Association of Michigan (BIAMI) announced it has filed a lawsuit against the Michigan Catastrophic Claims Association (MCCA) to obtain vital financial information, specific claimant records and actuarial standards under the principles of Michigan’s common law on behalf of all auto-insured citizens and all catastrophically-injured survivors across the state.
The MCCA administers a state fund compensating insurers for crash-related injury claims exceeding $500,000.
The association asserted that such information is critical in revealing to Michigan citizens and Lansing lawmakers the rationale behind the insurance industry’s claims that Michigan’s current auto no-fault system is financially unsustainable and that the MCCA will soon go bankrupt without capping benefits and enforcing strict cost controls.
“The information from MCCA records will facilitate the understanding of these issues by catastrophically injured victims, policy holders, as well as individual Michigan legislators,” said BIAMI president Mike Dabbs.
The MCCA has continued to assert its claim of exemption from attempts to to secure this essential information — including the recently-filed Freedom of Information Act lawsuit by the Coalition to Protect Auto No-Fault (CPAN), according to BIAMI.
The brain injury association said its suit is based on the principle of Michigan’s common law, which allows for persons of demonstrable interest to have access to records of activity.
“This lawsuit is about transparency and access to information,” Dabbs said. “The MCCA is a public body that collects millions of dollars from millions of Michigan citizens, including our state lawmakers, and we have a right to see the records of how that money is managed.”
Source: Brain Injury Association of Michigan (BIAMI)