Our no-fault insurance lawyers recently settled a lawsuit against Progressive Insurance Company related to a Michigan car accident. Our client suffered serious injuries in the car accident, including broken bones in both legs, a broken right arm, and a fractured right ankle that required surgery. The client was receiving no-fault insurance benefits from Progressive Insurance Company.
The main part of the lawsuit was for attendant care services. Attendant care services commonly include, but are not limited to: preparing meals and feeding; assistance with personal hygiene, such as dressing and bathing; attending to wounds; assistance with medication; providing transportation to and from medical appointments; and supervision and monitoring. Once it is established that person requires and is provided attendant care, the insurer is obligated to pay for attendant care regardless of whether it is being provided by family or friends.
We were able to prove that Progressive Insurance was underpaying the proper rate for attendant care services by paying only $9.50 per hour to a family member. We successfully argued that the proper rate for attendant care services in this particular case was $13.00 per hour and the insurance company agreed to pay $13,500.00 for the retroactive underpayment. The insurance company also paid an additional $43,000 for the attendant care claim and replacement service benefits in the amount of $4,760.00. Also paid in the settlement were the mileage expenses and prescription expense reimbursements.