Many auto accident victims in Michigan don’t realize all of the important No-Fault benefits payable by the auto insurance company to help them recover after a serious crash, especially attendant care benefits.
Our personal injury lawyers always tell our clients all of the no fault benefits available to car crash victim. Important to understand that attendant care is in-home nursing care usually provided by family or friends. When a car accident victim is seriously injured, a person providing these care services would help you with your basic person needs – such as dressing, eating, and bathing – and any other “activities of daily living.”
If you have questions about attendant care services you need after your car accident, call The Joseph Dedvukaj Firm at (866) HIRE-JOE. The call and advice are free.
Michigan’s car insurance law changed July 1, 2021, which now limits the in-home care, family or friends provided attendant care services.
After July 1, 2021, the No-Fault auto insurance companies will not be legally obligated to pay more than 56 hours per week for in-home, family and friends provided attendant care services.
Noteworthy, the 56-hours-per-week limitation does not apply to agency provided services, nor does it prohibit auto insurance companies from contracting to pay more than 56-hours per week.
The no fault insurance law basically borrowed the same limitation imposed on people injured in work related accident under Michigan’s Workers’ Compensation law. The attendant care limitation dramatically changes the previous law, which allowed family members to provide 24/7 care for loved ones catastrophically injured in automobile accidents.
If an auto accident victim is injured to the extent that he or she needs help taking care of the most basic personal needs (“activities of daily living”), such as dressing, eating, using the bathroom, bathing and mobility, the car accident victim’s Michigan No-Fault insurance company will pay a private nurse or someone in the family for help provided. This type of service is called attendant care. People sometimes also refer to it as nurse care services.
For example, attendant care services come in many forms, including but not limited to the following:
The no fault law basically allows anyone to provide attendant care services. The attendant care provider can be nurse, home-health aide, and even family members or legal guardians of seriously injured car accident or truck accident victims.
The car accident victim’s No-Fault insurance company for the auto accident pays for the victim’s attendant care services, but only so long as attendant care is reasonably necessary for the injured person’s care, recovery, or rehabilitation.
There is no set hourly rate for attendant care. Usually, the payment rate is either agreed upon between the auto insurance company and the car accident victim (through his or her lawyer) or a judge or a jury can determine the attendant care rate owed in a lawsuit.
The primary factors that go into determining what the reasonable hourly rate of reimbursement for attendant care providers will be the level of skill needed to provide the services. For example, the average wages in a particular geographical area can vary. Your hourly attendant care rate will depend on your qualifications and skill as the individual performing the attendant care services (e.g., home care assistance from a service, nurse, family member, etc.). You could use labor statistics published by the labor department to determine a reasonable rate to charge. However, an individual service provider in some cases may be entitled to a commercial agency rate because of benefits such as overtime, vacation, or insurance coverage a person foregoes to provide attendant care to an accident victim.
To get a better idea of an appropriate attendant care rate, you are best served to speak with an experienced no fault lawyer. Call The Joseph Dedvukaj Firm at 866HIRE-JOE and we can answer all of your questions.
Before July 2, 2021, attendant care did not have any limitations. However, now as of July 1, 2021, the in-home care, family and friends provided attendant services will only be required to pay for 56 hours per week.
It is not uncommon for a doctor to prescribe 24/7 “around-the-clock” attendant care for seriously injured car accident and truck accident victims. Also, attendant care may be limited by the PIP coverage on the policy.
If there is no limit on the PIP coverage then Michigan auto accident victims may receive attendant care, as long as it’s reasonably necessary to his or her care, recovery, or rehabilitation.
In Michigan, the courts have interpreted the attendant care law over the years. An experienced auto accident injury lawyer should be familiar with the laws to best protect your rights.
Our personal injury lawyers are here to answer your questions. Call The Joseph Dedvukaj Firm at 866HIRE-JOE or use our free consultation contact form. There’s absolutely no fee or obligation for our case review consultation.
