A client was providing home attendant care services for her eighty-one year old husband who was injured in a 1994 accident. He had suffered a significant traumatic brain injury in the accident and was living at home under the supervision of his wife. His treating physician had written scripts for 24 hour attendant care services. The no-fault adjuster had authorized payment in the amount of $,1900.00 per month, which was a daily rate of $63.33.00, for only eight hours a day. This translated to just under $8.00 per hour. The insurance company was paying this monthly amount for many years.
The wife recently contacted our office to ask us about the attendant care service claim. After discussing the case, we explained to her that the insurance company had been grossly underpaying the reasonable rate for her services. We explained that we could only file a claim dating back one year for the underpayment of benefits and sent her a claim for to complete for that one year period. We then served that claim form on the insurance adjuster with a demand for payment. We also filed a lawsuit against the insurance company and held it for thirty days to see if the claim would be paid. On Day 30, we received a check from the insurance company for more than $54,000.00. This payment was based on an hourly rate of $10.33 per hour, still below the average rate in that geographic area. We are continuing our lawsuit to seek the payment in full for the one year back.
This case clearly demonstrates that the insurance adjuster knew that he was underpaying this woman and that he only paid the additional amount when he received the letter and claim from our law office. The adjuster had underpaid these benefits for many, many years to the benefit of the insurance company. This woman and her husband were underpaid to the tune of many hundred thousand dollars over the years and we were limited to going back just one year under the Michigan No-Fault Insurance laws. Fortunately, we were able to recoup a significant sum of money for her and work to establish the appropriate rate of pay into the future.
If you or someone you know suffered injuries in a Michigan car accident, and the insurance company denies your attendant care claim or you suspect that they are underpaying the reasonable rate for attendant care services, call our top rated no-fault insurance lawyers now at (800) 606-1717. Our attorneys have significant experience representing auto accident victims against the insurance company and have successfully been able to attain reasonable amount of rates for services for benefits provided by family members. Call now for your free consultation! We will represent you under our No Fee Promise, which means there are no legal costs or fees until we win or settle your no-fault lawsuit.