Transportation & Van Modifications: Insurance Issues

The complexity and frustration of dealing with a Michigan insurance company in a catastrophic personal injury claim causes many to seek the advice of an experienced attendant care attorney. The personal injury lawyers at Michigan Auto Law handle more Michigan Attendant Care cases than likely any other Michigan auto accident attorney or law firm. We have also written extensively on the subject of insurance benefits, including attendant care benefits, following car or truck motor vehicle accidents.

Some issues people will encounter when dealing with van modifications to compensate for a car accident injury include warranty, rebates, medical mileage, liability/indemnity, purchase or financial contribution, insurance, maintenance, replacement or operational use, damage/repair/total loss, change in medical condition, change in circumstances, and additional transportation (emergencies, inclement weather and unavailability of purchased vehicle due to damage, maintenance or repair), along with whether or not it would be a bar on other or future Michigan attendant care no-fault benefits.

The courts have upheld that the purchase price of a modified van is reasonable and necessary for a person suffering from a car accident injury under the No-Fault Act. See Davis v. Citizens Insurance.

Under MCL 418.315(1), an employer is required to provide an employee suffering from a car accident injury reasonable medical, surgical and hospital services and medicines, in addition to other appliances necessary to cure, as far as reasonably possible, and relieve the effects of the car accident injury requiring Michigan attendant care services.

Some helpful Michigan attendant care resources when dealing with transportation modifications include a case manager, physician, driving evaluator, occupational therapist and conversion companies or handicap vehicle vendors. A Michigan personal injury lawyer practicing exclusively in Michigan attendant care can help ensure that you are compensated for expenses incurred when dealing with these resources.

The Court of Appeals in Weakland v. Toledo Engineering Co., Inc., et al. held that modifications to a van constitute appliances within the meaning of subsection 315(1) of the Workers' Disability compensation Act, but that the van itself does not.

"A van is dissimilar to the listed items in MCL 418.315(1) because it is not an artificial adaptive aid," the court explained. "Rather, a van is simply a means of transportation. The 'adaptive aid' ameliorating the effects of the medical condition and permitting the utilization of the van is the vehicular modification."

The court concluded that "the phrase 'other appliances' as used in subsection 315(1) should not be understood to encompass the van itself. It encompasses only the necessary modifications made to the van so that it can be operated by someone who is disabled."

Van or transportation issues resulting from attendant care are often the subject of litigation. To protect your legal rights, it is wise to consult a Michigan auto accident attorney or personal injury lawyer who is experienced in such matters.

For a review of your claim, please contact us.

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