Auto Owners avoids PIP obligations when injury victim's attorney doesn't advise and prepare
Keith Phillips was riding his motorcycle when he was struck by a car insured with AutoOwners. Since AutoOwners' insured vehicle was the only car involved in the collision, AutoOwners was obligated to pay all of Phillips Personal Injury Protection benefits (i.e., three years of wage loss and home services and unlimited medical). Phillips incurred substantial medical mileage and prescription expenses which AutoOwners had not paid: he filed a lawsuit to compel payment. When the insurer's attorneys deposed him, however, he had not calculated the amount of mileage owed or the prescription total; he presented no proof to confirm that the insurer had been billed for the various expenses. His attorneys did not mark his receipts and records as exhibits and did not present them to the trial court when AutoOwners sought summary disposition. As a result, the court granted AutoOwners' requested dismissal and the bills will remain unpaid.