Understanding Michigan Attendant Care Benefits

What is Attendant Care?

Pursuant to the Michigan No-Fault Act, medical benefits, including Michigan attendant care benefits, are recoverable in the event of personal injury from a motor vehicle accident. Specifically, MCL 500.3107(1)(a) provides that Personal Injury Protection (PIP) benefits are payable for "all reasonable charges incurred for reasonably necessary products, services and accommodations used to help the recovery or rehabilitation of a person suffering from a car accident injury resulting in the need for attendant care services.

Many Michigan auto accident lawyers wrongfully assume that this care must be performed by nurses. This is incorrect.

The Michigan Court of Appeals in Van Marter v. American Fidelity Fire Insurance Co., held that family members who perform nursing services (Michigan attendant care services) are entitled to compensation. Thus, there is no requirement that such attendant care services relating to a Michigan claimant's car accident injury care, recovery, and rehabilitation be performed by trained medical personnel.

Michigan attendant care benefits are sometimes referred to as Nursing Services. Severe auto accident injuries and other personal injuries often require the injured person to receive supervision and assistance for prolonged periods of time.

It is not uncommon for a physician to state that a severe auto accident injury warrants around the clock supervision. There is no firm guideline that indicates how much an insurance company must pay in the form of Michigan attendant care benefits for car accident injuries. Often, the quality of care and ability to choose the care provider for auto accident injuries are dependent upon an insurance carrier fulfilling its obligations under its contract of insurance. Please contact Steven or Lawrence Gursten or one of our other Michigan auto accident attorneys at 800-777-0028 to obtain more information about attendant care benefits.