Michigan Injuries

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Your mom's stage 4 bedsore case can get wrecked by the wrong insurance fight

“my mom got stage 4 bedsores in a Kalamazoo nursing home and now the rental car crash claim is being bounced between my insurance and the rental company”

— Marisol G., Kalamazoo

A stage 4 bedsore case is its own serious claim, but a rental car insurance mess can drain time and money fast, especially if any public agency is involved.

A stage 4 bedsore is already a big case

If your mom's pressure sore reached stage 4, this is not minor neglect.

That means the wound went deep enough to expose muscle, tendon, or bone. In plain English, staff missed it, ignored it, lied about it, or charted garbage while it kept getting worse. Nursing homes do not get to shrug and call that "part of aging."

In Kalamazoo, families usually find out after a hospital transfer to Bronson or Borgess, when a wound nurse finally documents what the facility should have caught much earlier.

If you're the first in your family to finish college and now you're helping your parents keep everything together, here's the brutal part: the rental car insurance dispute is a separate mess, and if you let it eat all your attention, the bedsore claim can go stale.

Don't let the rental car fight derail the neglect claim

These are two different lanes.

The nursing home case is about whether the facility prevented, identified, treated, and documented the pressure injury. The rental car issue is about who pays for crash damage, medical bills, or lost wages after a separate wreck.

Insurance adjusters love it when your life is chaos. You're working, driving back and forth on West Main, Gull Road, or I-94, trying to check on a parent, and then one crash in a rental car turns into a finger-pointing match. Your personal carrier says the rental company should pay. The rental company says your own policy is primary. Meanwhile, the nursing home keeps its records.

That's how people lose ground.

In Michigan, the rental company does not automatically become the main insurer

Most people assume buying or declining rental coverage answers everything. It doesn't.

In Michigan, your own auto policy may extend to a temporary rental, but the exact coverage depends on the policy language, whether you had collision, whether the rental was for personal use, and whether somebody else was driving. Credit card coverage can also be secondary and usually won't touch medical bills.

And Michigan no-fault only helps in certain ways.

For crash injuries, no-fault pays personal injury protection benefits if there's applicable coverage. But if you're trying to sue over pain and suffering from the crash itself, Michigan generally requires a serious impairment of body function. That rule matters for the crash, not for the nursing home neglect.

Different body of law. Different proof. Different deadlines.

So if the rental crash happened while you were trying to handle your mom's care, don't mix the two claims into one giant emotional folder labeled "everything is on fire."

The nursing home records matter more than whatever the administrator told you

Here's what usually matters in a stage 4 bedsore case:

  • admission skin assessments, turning and repositioning charts, wound care notes, photos, nutrition records, hospital transfer records, and whether the facility documented the sore as "present on admission" when it plainly was not

That's the stuff that cuts through excuses.

If the home says your mom was "noncompliant" or "medically fragile," look at whether they had a pressure-relief mattress, whether they off-loaded heels, whether they monitored nutrition and hydration, and whether they called a wound specialist before the sore tunneled and became infected.

Stage 4 doesn't happen because one aide had a bad shift.

It happens because the system failed over days or weeks.

The government angle changes the rules fast

This is where it gets ugly.

If the facility is private, you're dealing with one set of rules. If it is owned or operated by a city, county, or state agency, sovereign immunity issues can show up, and notice requirements can be much shorter than people expect.

That same warning applies if your rental crash involved a government vehicle or a road defect on a public road. In Michigan, claims involving a city, county road commission, or the state are not handled like ordinary insurance disputes. Pothole and highway defect claims can have notice rules that are brutally short. And late-fall black ice, especially after freezing rain before road crews are fully deployed, creates exactly the kind of crash where everybody starts blaming the weather instead of the road condition, driver conduct, or maintenance records.

So if the rental wreck involved a city truck, a county van, Metro bus operations, or a road defect near Sprinkle Road, Stadium Drive, or US-131, do not assume the ordinary insurance timeline applies.

What to do first when both problems hit at once

First, lock down the nursing home evidence. Get the chart, the hospital records, wound photos, and the billing records.

Second, get the rental agreement and your full auto policy, not the little app summary. The answer is buried in the endorsements and exclusions.

Third, separate the losses on paper. One folder for nursing home neglect. One folder for the rental crash. One calendar for every deadline.

Because the rental company and your insurer can argue for weeks over primary versus excess coverage. Your mom's wound progression won't wait. The chart won't get better with time. And if any public entity is involved in either piece of this, the clock may be a lot shorter than you think.

by Deborah VanDyke on 2026-04-02

The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.

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