In the previous part of this article, we have discussed commonly asked questions when it comes to attendant care riders in the state of Michigan. Let us continue.
How is the attendant care rider affected by the new law?
The attendant care rider service has also faced a lot of changes relating to the new law of auto insurance in the State of Michigan. In the previous part of this article series, we have already discussed that there is now a 56-hour workweek limitation for those who are getting in-home attendant care services given by their family members.
The limitations only apply to the policyholders who will be getting attendant care services from their family members but it does not apply to those who will be contracting commercial services for them to get attendant care. This is why it has been a specific advantage on the part of the insurance companies for the policyholder to not get the commercial attendant care service and just get the in-home attendant care service.
Even if you add up the expenses that are associated with paying the attendant care services provided at home it would still not amount to the expenses that the insurance company would have to cover if you get a commercial attendant care service provider.
Who is legally allowed to provide attendant care and claim attendant care payments?
Attendant care is provided by either a professional nurse or home health aide and even family members or the legal guardians of the individuals who are seriously injured from the collision in Michigan.
Generally, any person who is allowed by law to provide care is allowed by law to claim attendant care payments coming from the insurance company. As long as that person is providing those activities that are included in the definition of attendant care services, he is entitled to the payment.
Who ultimately pays for the attendant care services?
Different individuals will pay for the attendant care services but ultimately it is the no-fault insurance company of the victim who would provide for payment as long as the attendant care is really necessary for the care, for the recovery, and the rehabilitation of the injured third person.
What if the victim does not have no-fault insurance and was driving?
In our article to discuss the effects of being uninsured in the state of Michigan, we have already said that even if you are the victim of a crash or collision in Michigan and you will need attendant care services there will be no insurance company that would be paying you because you have no insurance. Regardless of who is at fault for regardless of your innocence, you will not be entitled to any of the insurance payments that even the driver at fault will get.
Keep in mind that since the state of Michigan is a no-fault state such that you do not need to prove the fault of the other party for your insurance policy for an insurance company to pay, it is ultimately your own insurance company who has to pay you for everything related to the collision in Michigan. If you do not have any insurance company there is no company that you can go after in case you would need attendant care.
How much is the payment?
Generally, there is no limitation as to the rate of how much the attendant care providers are paid. It is only the hours that are paid per week that have been limited by the new law in Michigan. If you would ask about how much the payment is when it comes to the 56-hour workweek it should be provided already on your insurance policy. This is why we always recommend that you renegotiate your contract as soon as possible and as soon as you read the terms that we have shared with you.
Is there a limit as to the frequency of getting attendant care?
In other words, if I have already used my insurance company’s attendant care rider, am I still entitled to the same attendant care?
Generally, there is no limitation as to the number of attendant care use that you may have and as long as it is reasonably necessary for your recovery the state of Michigan does not limit the use of the attendant care rider. This is particularly important especially in cases where the person who has already survived a catastrophic collision in Michigan has once again faced another collision in the State and needs attendant care services once again.
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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