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No-Fault Fee Schedules Are Inapplicable To Excess Medical Expense Damages In Third-Party Auto Negligence Cases

In a Michigan Supreme Court decision issued on July 27, 2026, Michigan Supreme Court considered whether the No-Fault Act’s medical provider fee schedules apply to third-party auto negligence claims. The Michigan Supreme Court answered in the negative.

The Michigan Supreme Court stated that the Plaintiff still needed to show that the medical expenses were reasonable and necessary. However, the statutory reimbursement caps applicable to PIP benefits do not apply to excess economic damages sought in a third-party auto negligence case. The Supreme Court affirmed the Court of Appeals’ judgment and remanded the case for further proceedings.

 

Read entire case at:

Canty v Mason

https://www.courts.michigan.gov/4a2d2b/siteassets/case-documents/uploads/opinions/final/sct/167772_92_01.pdf

 About Alexander & Angelas, P.C.

Attorney Peter A. Angelas represents litigants in complex, high severity civil liability litigation across Michigan. His practice areas include automobile and trucking negligence claims, insurance litigation, premises liability, motor carrier liability, commercial litigation, construction defect litigation, insurance coverage disputes, emergency casualty response services, alternative dispute resolution, subrogationclaims, workers’ compensation, employment law, and marine liability.

Mr. Angelas practices in all state and federal courts in Michigan, including WayneCounty (Detroit), Macomb County (Mount Clemens), Oakland County (Pontiac),Washtenaw County (Ann Arbor), and Genesee County (Flint).

A 24/7 Emergency Hotline is available (800-219-0007). When an accident requires an immediate response to protect evidence, members of the firm quickly launch aninvestigation with the assistance of well-qualified accident investigators, crash re-constructionists, mechanical engineers, civil evidence photographers, and independent adjusters positioned throughout Michigan.

Peter Angelas