The following is a post to the Michigan Auto Accident Lawyers blog.
The question is: “Can a family member get paid to care for me? Or does it have to be a nurse?”
The answer is YES. Michigan has. of course, a no fault system in motor vehicle accident cases involving cars, trucks, etc….It has been in place for years, and even non-lawyers are aware of that. But not everyone understands the subtleties of the no fault act.
First and foremost, Michigan has the best auto law in the country. If you own a car in this state, and you are legal ( have insurance for a registered automobile), and you are injured in an auto accident you are taken care of for LIFE. Now, of course, the insurance company will try to get away with paying you as little and for as short a period as possible, but this lawyer will not let them get away with it.
A great feature of the “Medical Benefits and Other Allowable Expenses” provision of the No Fault law, is that family members may be paid for the provision of services to injured spouses, children, or parents. But the claim for attendant care must be carefully documented. Because of very recent law, it is more important than ever to carefully document your time, what you did, and some recognition that the provider of the services expects to be paid for the service.
That last statement is very important. It is not the purpose of this blog to get so far into detail, “down in the grass”, that the reader falls asleep before getting to what matters.
This is what matters: THE INSURANCE COMPANY PROBABLY WILL CUT OFF THE BENEFITS AT SOME POINT IN TIME.
- PROBABLY AFTER THE INDEPENDENT MEDICAL EXAMINATION. ( Which is really an Insurance Medical Examination, done by physicians contracted by the Insurance Company, whose job is to cut you off your benefits, and testify against you at trial. The rub: You cannot sue them form medical malpractice if they cause you injury!!!!!)
- THE DEPOSITION OF THE FAMILY MEMBER WILL BE TAKEN IN THE CASE THAT FOLLOWS.
- THE FAMILY MEMBER PROVIDING THE ATTENDANT CARE SERVICES MUST TESTIFY THAT THEY EXPECTED TO BE PAID FOR THE SERVICES THEY PROVIDED, AND ANSWER THE W’S, WHEN, WHAT, WHERE, ETC…
- IF YOU DO NOT TESTIFY TO EXPECTING TO GET PAID THE INSURANCE COMPANY DOES NOT HAVE TO PAY THOSE BENEFITS ( AS OF AUGUST 2012 ).
- BE SMART. THE IME DOCTOR IS HIRED TO KILL YOUR CASE. THE INSURANCE COMPANY LAWYER IS PAID TO KILL YOUR CASE. HAVE A LAWYER AND LISTEN TO YOUR LAWYER.
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