Detroit, MI asked in Insurance Bad Faith and Insurance Defense for Michigan

Q: Large claim against secondary insurance through Uber. They were paying at first but stopped. Please advise

Atlantic insurance company said state law is preventing them from paying, even though they were covering medical expenses. Progressive has been paying lost wages and medical with no issues. I was driving Uber waiting for passenger when accident occurred. Been totally disabled with neck and back injury for 4 months. No surgery needed. Spinal stenosis, protruding cervical disc, disc displacement. Acute low back pain no sciatica

2 Lawyer Answers

A: A Michigan attorney could advise best, but your question remains open for three weeks. I'm sorry about your accident and the ordeal it has caused for you. You ask to be advised - that could be difficult for any attorney, without additional details. Most attorneys would want to know how the accident occurred, the breakdown in apportioning liability, which state law they reference in being restricted from paying you and what that coverage would be for, more about the documentation supporting your injuries, and other issues. The best way to answer your question could be to try to arrange a free initial consult with a Michigan law firm. There an attorney could sort out the issues you outline in detail. I hope you have a healthy recovery. Good luck

A: Addendum - As I indicated in my original response, a Michigan attorney should advise you, as insurance practices can involve state-specific regulations. But in thinking further about your question and the possible cause of denial, one possibility MIGHT be a collateral source issue, where identical benefits are drawn from two separate carriers. An experienced attorney should be able to sort this out upon seeing the processing of your benefits through both carriers, and the denials. Good luck

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