In Michigan, it is your own vehicle insurer that pays Personal Injury Protection (PIP) benefits, which include crash related medical treatment/testing expenses for life. So, as long as the insurer was put on notice within 1 year of the collision by the filing of an Application for Benefits (AFB) then they continue to be responsible for crash related medicals. You would simply turn the bills in to the insurer your father had on his vehicle as of the date of the crash. They would be entitled to ask any treating doctor to confirm whether such treatment is in fact related to the crash and/or to have a doctor of their choosing do an exam on your dad and/or review the medical records to give an opinion on relation to the past crash. The insurer could contest whether the injuries are crash related (and more often than not, they seem to do that if there has been a gap in time and/or treatment). If the insurer contests the bills, you'd need to consult a lawyer to see if the case would be worth filing (which will be dependent on the amount in question and the strength of the medical proofs). It is highly unlikely a pain & suffering case would be available any longer as the statute of limitations in Michigan is 3 years. There are certain limited exceptions which "toll" (suspend) the statute of limitations and you could consult local Michigan counsel to explore whether any of same exist in your father's situation (although typically same do not exist in very many cases). If you had a lawyer that had the case and missed the statute, you may have a legal malpractice case against the lawyer, but that has a 2 year statute of limitations and if he/she missed the 3 year statute more than 2 years ago you may be out of luck there as well. Again, a consultation with a local Michigan lawyer is probably in order to determine what cases exist, if any.
Answered on Oct 17th, 2013 at 4:29 PM