The August 1st, 2010 decision of the Michigan Supreme Court has led to a highly disputed ruling overturning the 2004 Kreiner v. Fischer decision. With a final tally of 4-3, the court ruled in favor of Rodney McCormick in McCormick v. Larry Carrier and Allied Automobile Group. The McCormick v. Carrier decision provides additional protection to law-abiding motorists who are injured by another party.

Over the preceding six years, car accident victims have suffered as a result of the Kreiner v. Fischer decision. McCormick v. Carrier allows innocent car accident victims to seek redress for their pain and suffering in a broadening of the scope of MCL 500.3135. The move was long overdue.

Rodney McCormick of McCormick v. Carrier suffered a severe fracture to his ankle after a truck crushed his leg. McCormick spent nineteen months out of work following the incident. When he was able to return to his employer, McCormick could not perform his previous job as a result of the injury. Testimony by doctors overseeing his case showed that the injury had allowed degenerative arthritis to contaminate McCormick's ankle joint. At the deposition of the case, McCormick testified that his life had been "painful, but normal" following the incident. With fortitude and steady rehabilitation, McCormick regained the ability to enjoy activities he had participated in prior to the accident.

However, the trial court dismissed McCormick's case, using Kreiner v. Fischer as the standard. Since McCormick had not suffered life altering changes as a result of the accident, the court ruled McCormick would not receive compensation.

Kreiner v. Fischer essentially encouraged victims to ignore their rehabilitation and stay disabled. Unless a victim suffered a permanent injury affecting the entire scope of his or her life, they were unable to seek compensation under the law. Regardless of the severity of the initial injury, if a victim was able to rehabilitate themselves, they would receive nothing under Kreiner v. Fischer.

Under no portion of MCL 500.3135 is it implied that victims must have such a permanent injury affecting their entire lives in order to be compensated. However, with McCormick v. Carrier, the Michigan Supreme Court has rectified a poor ruling. It comes too late for victims who were injured in the six years between Kreiner v. Fischer and McCormick v. Carrier. Thankfully, at least now Michigan vehicle accident victims are now protected fully and appropriately as expressed in the law.