My firm handles many very complex Michigan N0-Fault Insurance claims for clients who suffered traumatic brain injuries, spinal cord injuries, and other catastrophic car and motorcycle accident cases.  A tremendous benefit that these injured clients can receive are  Attendant Care Service Benefits. 

Attorney Daniel L. Buckfire in my office authored “The Ultimate Michigan Car Accident Handbook,” a book that explains the no-fault insurance laws in plain English.  His book has been called the “best book ever written for Michigan consumers on car accident cases.” The book has a great section on Attendant Care Service Claims and I have pasted that section below for your review.  For a free copy of the book, just visit www.buckfielaw.com/getbook.cfm and fill out the request.  We will send it out right away for you.  In the meantime, you can call anytime to have your questions answered.

In-Home Nursing Care/Attendant Care 

What is it for? 

In home nursing care attendant care benefits are actually a part of the medical benefits that you are entitled to receive under the No-Fault laws and the car insurance policy.  These benefits are paid to have a person attend to your personal needs while you recover from your injuries.  These services include assisting you with toileting, showering, feeding, and medications, and even just being with you and supervising you during your recovery. The person can be a family member, friend, nurse or someone from a nursing agency. 

 

How much can I get to pay for nursing care? 

The dollar amount paid for these services depends on the level of care and supervision being provided.  Ranges are typically from $12.00 per hour to $25.00 per hour.  Higher rates are paid in cases involving brain injuries, spinal cord injuries, and other serious injuries that require the most assistance.

 

How many hours a day can I get it for? 

This depends on how many hours a day that your doctor believes that you need these services.  In many cases, the rate is paid twenty-four hours a day.  Even though you sleep several hours each day, you may still need someone to be home with you in the case of an emergency or even to assist you in going to the bathroom if you awaken in the middle of the night.

 

How long can I get it for? 

Like other medical expense benefits, you can receive this for the rest of your life if it is necessary.  Your doctor will tell the insurance company how long you need to have the services provided to you.

 

How do I file my claim? 

A written claim must be submitted to the insurance adjuster assigned to your claim.

 

What type of documentation do I need? 

Again, you need a prescription from your doctor for these services.   Additionally, you will need to submit a claim specifying the services being provided, the amount of hours per day the services are being provided, and the name of the person providing the attendant care.  A sample form for submitting this type of claim is at the end of this Chapter and can also be downloaded and printed for free from www.buckfirelaw.com.

 

 

How much time do I have to file my claim? 

You should send in your claims for attendant care services every thirty days, but claims for attendant care services can be submitted up to within one year of the date of service.

 

What do I do if the insurance company refuses to pay these benefits?

If your insurance company refuses to pay these benefits, your only recourse is to file a lawsuit against the insurance company that demands payment for the services.

 

How much time do I have to file my lawsuit? 

If the claims are presented within one year but are not paid by the insurance company within one year of the date of expense or claim, it will be necessary to start a lawsuit within that one year period in order to protect your claim.  If you choose to begin a lawsuit against your insurance company for No-Fault benefits, you must file a lawsuit within ONE YEAR of the date on which the last unpaid No-Fault benefit was incurred.

If you fail to file your lawsuit within this one year period, you will lose the right to have the benefit or expense paid.

 

As you are approaching the one year anniversary of your car accident, and there are any outstanding claims that have not been paid by the insurance company, we recommend that you file a lawsuit prior to the one year anniversary of the accident.

Author Daniel L. Buckfire is recognized as a legal expert on Michigan Car Accident cases and the Michigan No-Fault Laws.  He frequently speaks to groups of lawyers and medical providers on these issues.  The firm website is www.buckfirelaw.com

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