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Stateside


COLLISION COURSE PART 2: A FAULT OF OUR OWN

Published May 4, 2022 at 5:52 PM EDT
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Julian H. Gonzalez/Julian H. Gonzalez, DETROIT FREE PRESS
/
DetroitFreePress
Valdimir Konstantinov (16) and VIacheslav Fetisov (2), share a moment in
Washington, D.C. Tuesday, June 16, 1998. Wings 061698 Fetisov Vlad J

This is Chapter Two of our three part series on Vladimir Konstantinov and
Michigan’s Auto No-Fault laws. Catch up on Chapter One here. Or, click here for
Chapter Three.



ALL ROADS LEAD TO MICHIGAN

Days after the historic 1997 Red Wings Stanley Cup win, several team members
were in a catastrophic limo accident. Among them was legendary defenseman,
Vladimir Konstantinov, lovingly known by fans as the “Vladinator.”

Vladimir Konstantinov had a traumatic brain injury. At first, doctors said they
didn't know if he would make it. If he did, they said he would never walk or
talk again.

Against the odds, Konstantinov’s brain began to heal. It took a lot of the right
medical care and therapies.

Rachel Ishikawa / Michigan Radio
/

Vladimir Konstantinov received physical therapy in his own home.

Irina Konstantinov, Vladimir Konstantinov’s wife, tried moving her husband to
other states for care, but nothing compared to the comprehensive care in
Michigan.

“It wasn't good enough,” Irina Konstantinov reflected. “And I kept going back to
the fact that everybody [was] saying that we got to go back to Michigan for the
best care for him.”

For more than two decades, Vladimir Konstantinov has been living a good life in
his own home in Southeast Michigan. He has 24/7 homecare, regular therapies, and
medical care from brain trauma specialists – all of which is paid for by
Michigan’s system for catastrophically injured collision survivors.

Rachell Ishikawa / Michigan Radio
/

Some Red Wings relics sit on the mantel in Vladimir Konstantinov's home. The red
model car was a gift from his care team.



Recent reforms to Michigan’s auto insurance laws have put the future of that
system of care in doubt, however. So Konstantinov’s family and his caregivers
are now living a week-to-week existence, not knowing how much longer they can
provide have the care he needs. And they aren’t the only ones. There are
thousands of other people in Michigan at risk of losing their life-saving care.


THE BEGINNINGS OF AUTO NO-FAULT

By the 1970s, the automobile was a big part of American culture. And more people
on the road meant more accidents. In fact, US Department of Health and Human
Services reported that in the decades between 1950 and 2018, the 1970s saw the
most deaths by motor vehicle-related injuries.

While many people did have car insurance, not all crash survivors were getting
the medical treatment they needed. George Sinas, general counsel for the
Coalition Protecting Auto No-Fault, said this was because of a pure tort
liability system that was slow and expensive.

“[T]he victim of a motor vehicle or injury could only recover medical expenses
and damages for pain and suffering and diminished quality of life if the other
guy was at fault,” Sinas said.

But even if there was someone at fault, drivers could still end up waiting a
while to get their care covered.

“Because it was a liability system, that meant it was adversarial and that meant
typically that you needed a lawyer and you had to go through this adversarial
liability system that took a long time. It was expensive,” Sinas said.

In the early 1970s a national conversation picked up in many states and in
Congress about a new, no-fault system of auto insurance. The Michigan
Legislature adopted our state’s no-fault statute in 1972. Republican Governor
Bill Milliken, a driving force behind the measure, signed it into law.

Michigan wasn’t the only state to implement some sort of no-fault law. However,
it was the only one to guarantee car crash survivors lifetime uncapped medical
and rehabilitation coverage.

The state set up a separate way to pay for the most catastrophic, most expensive
injuries. Every driver paid a little extra on their insurance policies to fund
that system, called the Michigan Catastrophic Claims Association.

“[T]hat meant for all those years that the catastrophically injured victim was
assured that whatever medical and rehabilitation expenses were reasonably
necessary would be provided to enhance the quality of life and the recovery of
those victims,” Sinas said.


NO-FAULT: A POLITICAL BATTLEGROUND



After auto no-fault insurance requirements were signed into law, the political
pushback began. It ramped up after voters approved legislator term limits in
1992. Those limits gave insurance lobbyists another bite at the apple to
influence a fresh batch of lawmakers every few years.

On one side, insurance companies said that they were being charged more than the
actual cost of patient care. On the other, patient advocates and trial lawyers
said that insurance companies didn’t want to pay the actual cost of long-term
care. A political battlefield emerged. Term after term, attempts to change auto
no-fault law would be introduced at the Capitol, each ultimately to fail.

Emma Winowiecki / Michigan Radio
/

Disability rights advocates during a rally the Capitol to protest the 2019
reforms to auto no-fault insurance.

For years, a coalition kept Michigan’s system of no-fault auto insurance
coverage intact. They were the victims of catastrophic car injuries and their
families, along with medical professionals, disability rights advocates, and
lawyers who represented crash survivors. And they faced stiff opposition.

“[T]here was a coalition of groups that both believed in the previous system as
an important safeguard for people who suffered catastrophic injury, but also a
coalition of groups that benefited from the previous system,” said Zach Gorchow,
editor and publisher of Gongwer New Service. “They were being paid for the
operations and services they were performing.”

The two sides — insurance companies and crash survivor advocates — returned
often to Lansing, and the political battle continued. The rest of Michigan’s
drivers were stuck in the crossfire, paying insurance rates much higher than
most states.

This was especially true for Detroiters, who have had higher insurance premiums
than the rest of the state on average, and in some cases the highest premiums in
the entire country. The poverty rate is also high in Detroit, which meant that
some people couldn’t afford auto insurance at all.



THE DOWNFALL OF NO-FAULT

Several important changes broke the dam of auto no-fault reform.

First, in 2014, Mike Duggan was elected mayor of Detroit. A former hospital CEO,
he made reforming auto no-fault a top priority.

“He started working legislative democratic primary elections to get allies of
his on this issue elected and was successful in many ways in that,” Gorchow
said. “So you had him become a vocal advocate on the democratic side for this.”

Next, Oakland County executive L. Brooks Patterson got sick. He was a powerful
Republican and a staunch proponent of auto no-fault for many years, especially
after getting into a life-altering car crash. But after he was diagnosed with
terminal cancer and announced he wasn’t running for office again, his influence
evaporated.

Then, in 2018, voters elected Gretchen Whitmer, who campaigned on reducing auto
insurance costs.

Finally, Detroit businessman Dan Gilbert, the wealthiest man in the state, made
auto no-fault his issue as well. He said he would finance a ballot initiative to
overhaul Michigan’s auto insurance laws. If a ballot drive succeeded, the
question would either be put to voters or be taken up and passed into law by the
state Legislature. That tactic would have called for a veto-proof measure and
would have left Governor Whitmer out of the field of influence. Zach Gorchow
says it would have been an insurance industry “dream bill.”

All these forces opened the gates for auto no-fault reform advocates to finally
change insurance law.

Leaders in the Republican-led Legislature worked with auto insurance lobbyists
to draft a reform bill.

CPAN, the Coalition Protecting Auto No-Fault, said they were shut out of the
process. Survivors and health care providers didn't have a seat at the reform
table.

In late May of 2019, the state Senate voted on no-fault reforms in a late night
session. Most of the Democrats joined with the Republicans to pass the bill, and
then it was sent to the state House.

With the strike of a gavel, the 1972 law auto no-fault law came crashing down.
Governor Whitmer signed the bill on May 30.






A NEW NO-FAULT

There are two main components of the new bill. First, drivers can choose a
lesser amount of personal injury protection. Second, insurance companies are
legally permitted to cut payments to long-term care providers – the folks who
care for catastrophically injured crash survivors – by 45%. That’s far below the
actual cost of providing care for most accident victims.

> “We're at $150,000 in the hole right now with [Vladimir Konstantinov's] care
> alone and about $1.7 million with all of the catastrophic auto cases that we
> have throughout the state, which is approximately 30 clients.”

Theresa Ruedisueli, Arcadia Homecare & Staffing

The state Department of Insurance and Financial Services determined that the new
law is retroactive; it applies to everyone, no matter when an accident occurred.
There is a class action lawsuit challenging that notion, but it could take a
long time to get to the state Supreme Court.

This brings us back to Vladamir Konstantinov. Currently, he is facing the total
loss of his care – just like thousands of other folks with catastrophic
injuries. The fee cuts in the new bill are driving long-term care companies
across the state out of business.

Rachel Ishikawa / Michigan Radio
/

Theresa Ruedisueli, Regional Director of Operations at Arcadia Homecare &
Staffing, stands outside of Vladimir Konstantimov's home in Southeast Michigan.

Though they haven’t yet closed up shop in Michigan, Arcadia Home Care & Staffing
is supporting Konstantinov at a financial loss, said Theresa Ruedisueli, the
company's Regional Director of Operations for Michigan and Ohio.

“We're at $150,000 in the hole right now with his care alone and about $1.7
million with all of the catastrophic auto cases that we have throughout the
state, which is approximately 30 clients.”

Ruedisuili says Arcadia can’t sustain those losses much longer.


"IT’S TIME TO MOVE ON"

So how did the bill pass with all of these glaring consequences? Many lawmakers
say they didn’t know what was in the bill, and they weren’t given enough time to
figure out what it would actually do. Specifically, they did not understand that
the cuts to payments for care might be retroactive. Legislators with qualms were
also assured that problems with the new law would be fixed later. But that has
not happened.

Since summer 2021, auto accident victims, family members, and advocates have
continued to go to the state Capitol to ask lawmakers to reconsider the no-fault
reforms.

In March 2022, they tried to talk to State House Speaker Jason Wentworth.

He didn’t meet with them, and later told reporters “at this point, it’s time to
move on.”

Speaker Wentworth declined to comment for this story.

“How can you move on when you can’t move, huh?,” said catastrophic injury
survivor Sam Howell in response to Wentworth’s comments.

Screen grab from House TV
/

Sam Howell and Maureen Howell testifying at an Insurance Committee Hearing in
2015 on no-fault auto insurance. Sam Howell suffered a traumatic brain injury
from an accident when he was 18 years old.

“I can't tell my son or other people within this catastrophic fund to move on,”
said Sam’s dad, former state lawmaker Jim Howell. “We can't. We're stuck.”

Sam Howell suffered a traumatic brain injury from an accident when he was 18
years old. Since then, his mother, father, and sisters have cared for him. They
have a plan for Howell’s long term care, but other families do not. So the
Howells spend a lot of their time and energy advocating for victims and families
who don’t have a clear path forward anymore.

“We've already lost seven people,” said Sam Howell’s mother, Maureen Howell.
“They've died as a direct result of the change. And I know how people have left
their homes. Some have gone into hospitals to live. We talk about depression
during the pandemic. These families are so, so depressed, so stressed, and
they're frazzled financially. They're, they're dying.”

As far as the Legislature is concerned, there is no more work being done to
amend changes to auto no-fault. But the families and care teams said they will
keep fighting for their loved ones and for other families that can’t make the
trip to Lansing.

The current debate may be over in Lansing. But car accidents are still
happening, which means every year many more people will need long-term,
life-saving care.

Just like the care that’s kept Vladimir Konstantinov living at home in Michigan.

The problem is, there are far fewer resources available for any car accident
victims – current or future. Vladdy included.

In the third and final chapter of Collision Course, we will look at what it
actually means to lose care for car crash survivors. And what auto no-fault
reform means for every Michigander.

The Insurance Alliance of Michigan declined to be a part of this story. IAM
executive director Erin McDonough instead issued the following statement,
similar to previous statements issued to Michigan Radio from IAM:

“Michigan Radio’s one-sided and slanted reporting on the state’s auto no-fault
reforms does a true disservice to its listeners. For decades, Michigan’s broken
auto no-fault system saddled Michigan drivers with the highest auto insurance
rates in the nation. Michigan was the only state in the nation to require that
drivers purchase unlimited, lifetime medical benefits with their auto insurance
policy which was the main culprit in the state’s exorbitant auto insurance
premiums. The outdated system was a welcome mat for fraud and rampant
overcharging by big hospitals and medical providers, who routinely charged three
and four times more to no-fault policies than they did for the exact same
medical procedure paid by other types of insurance policies. Finally, in 2019, a
bipartisan group of lawmakers passed and the governor signed into law historic
reforms that gave Michigan drivers a choice in their level of medical coverage –
much like a cellphone plan or cable TV subscription – so consumers could have
the flexibility to choose what works best for them and what they can afford.
More than 7 million insured Michigan drivers are now receiving the biggest
refund in history – $400 per-vehicle – through May 9. That’s $3 billion in
savings going back into the pocketbooks of insured drivers across the state.
These savings are in addition to the over $1 billion already saved by Michigan
drivers through lower MCCA assessments since reforms took effect along with
reductions in the carrier rate filings. The 2019 bipartisan auto no-fault
reforms are also reducing fraud and reining in rampant overcharging by medical
providers for the first time which is driving the costs down for consumers at a
time when the cost of everything from gas to groceries is going up.”



TAGS

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Tracy Samilton
Tracy Samilton covers energy and transportation, including the auto industry and
the business response to climate change for Michigan Radio. She began her career
at Michigan Radio as an intern, where she was promptly “bitten by the radio
bug,” and never recovered.
See stories by Tracy Samilton
April Van Buren
April Van Buren is a producer for Stateside. She produces interviews for air as
well as web and social media content for the show.

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