Michigan car accident victims are entitled to receive “attendant care service benefits” under the Michigan No-Fault Insurance laws. These benefits provide payments to a person or agency for attending to the injured person during his or her period of recovery. These are often necessary to assist an injured person with activities of daily living, including bathing, toileting, feeding, and dispensing medications. In many situations, including traumatic brain injuries, the services are necessary for monitoring, supervision, and reporting to physicians.
As you might expect, insurance companies try to avoid payment of these benefits all together. In other circumstances, the insurance companies dispute the rate to be paid for attendant care services, especially when the services are performed by a family member. Rates can range from $8.00/hour to $30.00/hour depending on the level of service provided and the location that services are being provided. A staffing agency using an RN to change dressings and PICC lines would be toward the higher range and a family member essentially “babysitting” the injury victim could be toward the lower range.
Once the need for attendant care services is established, the insurer is obligated to pay for the attendant care regardless of the identity of the persons rendering the care. In determining what is a “reasonable charge” for family provided attendant care under Section 3107(1)(a), the Michigan appellate courts have stated that the rates charged by commercial agencies for providing in-home health care are relevant. In addition, the extent of the injured victim’s disability and the amount of supervision required are also relevant considerations.
Many times, the no-fault insurance company will pay attendant care service benefits, but will grossly underpay the proper amount of those benefits. For example, the insurance company will pay the rate of $8.00/hour for 12 hours a day, but should be paying $15.00/hour for 24 hours a day. In these situations, it will be necessary to file a lawsuit against the insurance company. The lawsuit will demand that the insurance company pay the proper rate in the future and pay a lump sum for all of the underpaid benefits for the last twelve months. The suit will also request payment of attorney’s fees and costs for the filing of the lawsuit.
There are strict time limitations for filing attendant care service claims and lawsuits against insurance companies for payment of these benefits. If a deadline is missed, even by one day, it may prevent the accident victim from receiving these benefits. As such, it is essential to contact an experienced Michigan No-Fault Insurance lawyer as soon as possible to preserve the right to benefits.
Source by Lawrence Buckfire
