Michigan Attendant Care Benefits
Michigan Attendant Care Benefits Explained
Attendant Care Benefits are available for people who have suffered a significant injury related to a Michigan car accident, motorcycle accident, or semi-truck accident. If an accident victim is unable to adequately care for themselves, a third-party assistant may be hired to help during the injured party’s time of need. The assistant chosen can be a husband or wife, child, neighbor, friend or professional.
The No-Fault Insurance Company is financially responsible to pay the assistant at an hourly rate. You will need a doctor’s note and an affidavit from your caregiver to receive this benefit.
Who Are Michigan Attendant Care Benefits For?
Attendant care is for those who have a significant injury related to an auto accident in Michigan. When someone cannot take care of themselves ( needing personal hygiene, getting dressed, changing bandages, toileting, feeding, taking medications, assistance in walking, needing supervision, or someone just being “on-call”) the No-Fault insurance company will pay to have another person perform these services for the injured person. Often, these situations occur when the injured person has required some type of surgery, spinal cord injury, or traumatic brain injury.
Is There a Limit On How Long Attendant Care Benefits Are Paid?
Attendant care services can last anywhere from a day to a lifetime. This benefit is paid at an hourly rate. Michigan case law has held that a person is entitled to be paid for providing attendant care even while sleeping or doing chores. Merely supervising an injured person is enough to get paid for attendant care benefits.
Previously, close friends or family members were free to arrange for around-the-clock care for their loved ones, but the new Michigan car insurance law changes everything.
How the New Michigan Car Insurance Law Limits Attendant Care Benefits
As of July 2, 2021, No-Fault auto insurance companies are required to pay for no more than 56 hours per week of in-home, friend- or family-provided attendant care. This limitation, of course, only affects those in need of attendant care to be covered by auto insurance. If you or your loved one was not injured in an auto accident, this law may not apply to you.
Please note that this limit neither applies to services provided by a medical facility or a commercial entity. What’s more, the new law does not prevent auto insurance providers from contracting to cover more than 56 hours of attendant care services per week.
It is currently unclear as to how this new statute impacts those already receiving 24-hour attendant care. The amount of PIP coverage your insurer provides may also impact your total coverage. And in certain cases, this law may not apply, depending on who is caring for you. To find out more, please contact an attorney as soon as possible.
At What Rate Should the Michigan Attendant Care Benefits Be Paid?
There is Michigan Case Law that indicates that a family member should be paid the same rate that an agency would charge. The rate depends on the type of services being rendered.
The experts at Mike Morse Law Firm will personally help you negotiate the highest rate for the services performed. If a family member cannot perform the services, then Mike Morse Law Firm will help find the perfect agency to help fill the needs of the injured person at no charge to the family.
Home Modifications For Persons Injured in a Michigan Car Accident
Pursuant to the Michigan No-Fault Act, you may be entitled to have home modifications paid for by your insurance company to make your home more accessible for the injured person. This requires a prescription from your physician indicating what type of modifications you would need.
Occupational Therapists and architects, knowledgeable in these types of cases, are very useful in determining what can be done to an existing home or apartment. Our legal experts will help negotiate with the insurance company or file a lawsuit against the insurance company to pay for home modifications.
Van purchases, Van modifications and Attendant Care Transportation
If, because of your auto accident injury, your doctor feels that you need a special van or vehicle, the No-Fault Act requires your insurance company to pay for it. Mike Morse Law Firm negotiates with insurance companies for persons suffering from spinal cord injuries who require vans with lift devices and other special needs.
When a special vehicle is needed many issues can arise such as vehicle ownership, who pays the insurance, gas, damage, and routine maintenance? Let Mike Morse, an expert in Michigan Personal Injury Law to help you. There is no cost for hiring a personal injury lawyer to help you with this very important step in your rehabilitation process.
Contact Us For Answers To Your Michigan Attendant Care Benefits Questions
Have more questions? Contact our experienced staff of Michigan car accident lawyers and ask them for free by dialing 855-MIKE-WINS or e-mail us. Remember, NO fees are charged until we settle your case.
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