Insurance Battle: Macomb County man fights to get surgery

How his battle could affect other Michigan residents

George Veness Sr. has been fighting for months to have a surgery that could save his life.

"I don't know what to feel no more. Sometimes I sit here and I cry," he told Ruth to the Rescue, his voice cracking with emotion.

It's easy to understand why Veness is so emotional. In 2004, he fell off a roof while on the job and was paralyzed from the waist down. In 2012, he was hit by a car while riding his motorized scooter to a Dunkin Donuts near his home in Center Line.

He now has a long list of health issues that he maintains are connected to that accident. The most pressing is an infection in his bones. His medical team says surgery is his only option but none of the insurance companies involved will cover the surgery he needs.

"I just don't understand why they're leaving me hanging like this, when I'm supposed to be covered," said Veness when he first spoke to Ruth to the Rescue in July.

He still hasn't had the surgery, be he keeps fighting. "Cause, I'm not ready to die,"said Veness.

The Insurance Battle: Surprising Argument         

George Thomas Veness Sr. paid State Farm for auto insurance on his van. According to Michigan law that policy should cover him if he's a pedestrian involved in an auto accident.

The driver who hit Veness is covered by Farm Bureau. At one point both companies came up with a surprising argument to deny coverage.

"Their claim was, since this is a motor vehicle in Michigan, it should have had insurance," explained his attorney Harold Perakis.

The two insurance giants, in court documents, put forth the argument that motorized scooters or wheelchairs should be insured because they should be classified as vehicles under Michigan's No-Fault Act.

The argument stunned Veness, "At the time of the accident, the policeman never asked me for my registration and my proof of insurance."

His attorney said that the Secretary of State does not register motorized scooters and insurance companies don't sell separate coverage. If the argument gains traction in the courts anyone who uses a motorized scooter might need to buy coverage someday.

"It saves State Farm lots of money by making the argument because they don't have to pay legitimate claims," explained attorney Harold Perakis. "On the other hand, it increases their premiums, because they have a new source of premium production."

State Farm has since dropped that argument. Perakis says Farm Bureau also dropped the argument at one point, but now "They have decided to reinstate their motion basically claiming that Mr. Veness' scooter requires insurance."

Getting The Surgery He Needs

Since none of the insurance companies are willing to pay for the surgery, Veness' attorney has done some negotiating. "What you try to do is appeal to the better side of everybody," he explained to Ruth to the Rescue.

Perakis says the only doctor to perform the surgery is in Austin, Texas, and he'll be paid through Medicare. He says a Texas health care company has made a deal to help with post-operative care. However, Veness needs a hand with transportation and some lodging in Texas.

A deeply religious man, Veness says any additional help would be miraculous. "I would say its God working because he's the only who one can make... because you can help, you're helping God."

Perakis and Veness have established a fund to pay for the trip to Texas.

Insurance Companies Respond

Ruth to the Rescue contacted both State Farm and Farm Bureau again. Due to the ongoing litigation, neither company wanted to comment further on the case.

State Farm released a statement in July saying in part: "Shortly after filing, State Farm withdrew its motion on whether a wheelchair should be considered an insured vehicle. It is our standard policy to not talk specifically and in detail about a case that is under litigation in order to protect the integrity of the process. In keeping with this standard policy, it would not be appropriate to comment further at this time."

In July, attorneys for Farm Bureau released this statement.

"Farm Bureau Insurance Company of Michigan is the automobile insurer of Quintin Ramanauskus, who is being sued by George Veness for injuries Mr. Ramanauskus claims were the result of a very minor motor vehicle accident that happened on June 19, 2012.  

Farm Bureau Insurance Company of Michigan, and Secrest Wardle, have an ethical obligation to Mr. Ramanauskus to provide him a vigorous defense to all claims that are being asserted by Mr. Veness, including all legal defenses available under the Michigan No-Fault Act as currently written, along with medical defenses to the plaintiff's claim that he was injured in this minor accident.

It is the policy of this company not to comment on pending lawsuits, however, a motion to have the case dismissed is pending in the Macomb County Circuit Court and we expect a decision this fall." --- Thomas J. Azoni, Senior Partner at Secrest Wardle, Troy office, and Donald L. Jones, Attorney/Director Litigation Unit, Farm Bureau Insurance.

Â