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Claiming and Suing For Excess Attendant Care Services


In this next part of the series, let us talk about how you can claim and sue for the excess attendant care services that you need to address.

How do I sue the at-fault driver for the excess attendant services? 

Suing the driver at fault for the excess attendant service is easy if you have the right legal team at your side. 

When can I sue?

Before we begin the process of talking about how you can sue and all of the other things that you need to know about the service that you need to legally get let us talk about when you can file a case.

You can file a case if you have been in a car accident and the attendance services cost that you have has exceeded the medical benefits coverage of the no-fault personal injury protection insurance that has been used to pay for your medical expenses.

Who can you sue?

You can sue the driver at fault who is negligent and who caused the accident for the excess costs that you need to have covered for your recovery.

How much is the payment for the attendant care services?

The payment for the attendant care services depends now on the new no-fault auto insurance law in the state of Michigan. Whether the assistance that is provided in the facility or in the victim’s home is provided by someone who is a professional or is provided by someone who is a member of his family it would not matter to the payment of the attendant care services. Determining factors in the amount that gets painted to the victim and the person giving attendant care services depend on who is paying and if the service is needed as part of the policy coverage.


If the service is paid for by Medicare the provider will be around 200% or around 100 90% of the medical reimbursement rate.

If the service that needs to be done is one that is not covered by Medicare the provider will only be paid up to 55% or provided for a specific charge description master that would allow Medicare to check if the services that are needed are covered.

What are parts of the policy coverage?

In the case of Medicare, the following are always part of the coverage that they will pay:

  • 24/7 assistance at home – there is a limit to the number of hours that are paid by Medicare relating to the service provided. We will discuss this in the next section.
  • assistance provided by a family member – unless the family member is a licensed professional; and
  • personal assistance that involves assisting a car accident victim with bathing, dressing, and using the bathroom.

Effect of the New Law On Attendant Care Services

The new law on no-fault policy in the state of Michigan is considered as one that provided a lot of changes on the attendant care rider. 

First, there is now a 56-hour cap on the whole family providing attendant care and this gap has been considered as one of the greatest challenges that came with the new changes on the no-fault law in Michigan.

The next one is the fact that the new law provides a 55% fee schedule for services that are not compensable under the Medicare fee schedule.

There are a lot of things that we also need to discuss in terms of the effect of the new law on the attendant care services but these are the important ones. If necessary please keep in mind that you should always look at the limitations on your policy especially depending on the coverage that you will use.

In the next part of this article series, we will be discussing some of the common questions about the implementation of the attendant care rider as well as all of the common questions that you might have about the new law.

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. 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.

The post Claiming and Suing For Excess Attendant Care Services appeared first on Haque Legal.

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