Our Michigan no-fault insurance lawyers recently settled a lawsuit for a 17 year old traumatic brain injured victim against his auto insurance company. Our client suffered a traumatic brain injury after a car accident in Ferndale as a passenger in a vehicle which hit a pole. In addition to his brain injury, he also suffered a TMJ injury, neck pain, and a right eye injury. The head injury required surgery and since that time he has been under the care of a psychiatrist and was a patient in an assisted living facility for brain injured persons. While the insurance company paid the facility for providing attendant care services to our client, they refused to pay attendant care benefits to his mother for supervision and monitoring for the days that our client would come home from the facility to visit his family on weekends over a course of 9 months.
Attendant care services are a major type of benefit available under Michigan no-fault insurance laws for those seriously injured in an automobile accident. Attendant care benefits, also known as “in-home nursing care” are actually a part of the medical benefits that you are entitled to receive under the no-fault laws.
Family members are entitled to be paid for attendant care services provided to an auto accident injury victim after a Michigan car accident. Many family members are unaware of this due to the fact that oftentimes the insurance adjuster on the case does not tell them they can submit claims; however, the reality is under Michigan law, a family member can both provide and be paid for these services.
Our client’s mother provided the services but was never paid for them by the insurance company. We filed a lawsuit in the Wayne County Circuit Court in Detroit, Michigan. Shortly after the case filing and the depositions of our client and his mother, the insurance company agreed to settle the back attendant care benefits owed for $17,000.00, which provided the compensation for the entire time period at issue. Further, the settlement agreement left open the mother’s right to claim attendant care benefits going forward.
If the auto insurance company has failed to pay a family member providing attendant care services or underpaid a family member at a low hourly rate, you should contact our attendant care claim lawyers immediately. We will force the insurance company to pay a proper rate and obtain all past due and underpaid benefits for the services provided in the past. There are strict time deadlines for filing Michigan no-fault insurance claims so it is important you contact us immediately at 800-606-1717.