When it comes to car accidents in Michigan the law is very specific especially in the application of insurance. We have written a lot of articles about the proper use of the different types of insurance and how you can make sure that you use the right one for your needs and for everything that you may want in terms of your protection against injury and even in terms of having coverage for property damage.
Here at Haque Legal, it is our quest to make sure that you have all of the information that you need for the proper use and benefits of the attendant care rider. As such, this article aims to cover one of the aspects that you may want to learn more about – the attendant care rider. Let us answer some of the commonly asked questions and talk about some of the facts.
Facts About The New Law Related to Medical Coverage
There are many facts about the new law on insurance in the state of Michigan that have been previously answered but the following are the ones that you need to know that are related to bodily injury.
Insurance Companies are still required to offer unlimited medical coverage.
Despite the new changes in the new fault law and the application of the new limitations set on auto insurance in Michigan, companies are still required to offer unlimited medical coverage on their policies. This means that the companies should be able to provide you with an option to choose unlimited coverage.
Is unlimited coverage still advisable?
Even given the new requirements, it is still important that you try to get unlimited coverage on your automobile insurance. Getting comprehensive and complete coverage is necessary to protect you from all of the problems that you may face in the future.
The new higher bodily injury limits that have been set for the policies are great to protect you from all of the risks that you are facing when you are driving.
Here at Haque Legal, we always recommend that you get the best experience for your insurance policy and the best way to do that is to make sure that you have the best benefits through your insurance policy.
Passengers are still covered
The passengers are still covered under the new auto policy with the personal injury protection benefits that they have purchased separately. If the passenger does not have his injury protection or opted not to have it despite needing it he would not be eligible for the personal injury benefits even if he was a passenger and you were not the one driving.
Keep in mind that personal injury protection rules provide that a passenger who was not opted or opted out of the personal injury protection coverage and does not have his coverage are subject to the personal injury protection choice rules.
Personal injury protection limits do not apply to wage loss or replacement service benefits
The medical limits of your injury protection do not apply to cover the waves that you lost at the time of the injury as well as the placement service benefits that you might need. This means that as long as the need is there and you have all of the necessary documentation to prove that you still need to recuperate and therefore you cannot work and you need replacement service benefits it will be granted to you, subject to all of the rules set by the law.
Commonly Asked Questions on Attendant Care Rider
How is a family member paid as an attendant care rider?
If you got yourself an attendant care rider on your insurance policy you will have the option to have family members provide in-home assistance. These family members should be paid by your insurance company and the Michigan Supreme Court has already provided specific guidance in a case decided in 2012 about the appropriate charging of the hourly rates of your family member who is acting as your caregiver.
- “[I]t is appropriate for the [court] to consider hourly rates charged by individual caregivers when selling their services (whether to their employers that commercially provide those services or directly to injured persons) . . . because it helps the fact-finder to determine what the caregivers could receive on the open market.”
- “[W]e hold that a [court] may base the hourly rate for a family member’s provision of attendant care services on what health care agencies compensate their employees, but [not on] what health care agencies charge their patients . . .”
This is the decision of the Michigan Supreme Court in the case of Douglas v. Allstate Insurance Company (#143503, July 30, 2012). Some cases have been decided by the Michigan Supreme Court that people should also know. You will certainly find them easily on the Michigan government website.
Contact Your Insurance Company
If you have been involved in a car collision in Michigan, make sure that you are protected. By contacting your insurance company, you can get a clear view of what is covered and the out-of-pocket expenses that you should shoulder. For any other problem, Haque Legal can help.
A lawyer can help you get started with your claim or help you fight for your rights. A lawyer at Haque Legal will see to it that your needs are met from beginning to the end of the proceedings. You are always in good hands with Haque Legal and what it has to offer.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out
If you are having trouble with filing an insurance claim with an attendant care rider in Michigan, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call. If you have no insurance and are facing intense jail time, you need to seek our help as soon as possible.
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