Mayor Duggan's lawsuit against no-fault insurance goes before judge

DETROIT (FOX 2) - The issue for a federal judge is whether or not Michigan's 1973 auto no-fault law is unconstitutional.

"Everybody, at least outside of Lansing, knows that auto insurance has become outrageously expensive," said David Fink, attorney.

Fink represents Detroit Mayor Mike Duggan and others who believe they are paying too much for auto insurance and therefore it's discriminatory against poor people - arguing the legislature has done nothing about it. 

FOX 2: "You're really going to the courts because the legislature didn't give you what you wanted?"

"We are going to the courts because the legislature didn't do what was necessary to protect the constitutional rights of the people of the state of Michigan," Fink said.  

Under Michigan's no fault auto insurance law, everyone must have no fault insurance, otherwise it's a crime and Mayor Duggan wants do something about it.  

FOX 2: "Is Mayor Duggan the best representative of this group because he can afford auto insurance?"

"Mayor Duggan is not the only plaintiff, we have several in this case and the stories of each of these plaintiffs, would just make your hair stand on end," Fink said.

And for that, if they get into a car accident, their own insurance company will pay for limited lost wages and lifetime medical, but it's expensive. 

"In Detroit, people pay on average four times the average cost than they do in other states," Fink said.

Michigan's Attorney General is defending this case essentially saying that there's no federal constitutional right to have auto insurance and that the state should deal with it.

"It's an issue in the state, but it's a constitutional issue," said Fink. "You have a federal due process constitutional right to intrastate travel, it's been decided by the courts already. So the issue is, does this infringe on this right and it does."

"The fundamental right to travel could be a big issue in this case. The judge noted that, "It's shameful as to how it relates to the high cost of no-fault insurance. 

The judge also said that there are new officials elected and that he encouraged a settlement. 

There was no ruling today and no date as to when the judge will give a ruling.