Michigan Replacement Service Benefits

Replacement Services

Hi.  My name is Larry Gursten and I'm going to try to explain to you the no‑fault law in your action against the insurance company for your benefits, and I'm going to give you knowledge and understanding to help you in collecting these benefits.

You really have a contract with your insurance company and what it allows you to do is collect five different benefits.  The third benefit is called replacement services.  Sadly when this law was passed in 1973, that benefit was $20 a day for people doing the work that you can no longer do: housework, shoveling the snow, cutting the lawn.  That has never gone up by the cost of living.  So there's another form for your doctor to fill out stating you're in need of replacement services and then there is also a form for the people doing the work to fill out.  They could be a husband, wife, family, friends, whoever is doing that, and they're entitled to be paid at $20 a day.

I would also like to explain to you the initial procedure when you have an automobile accident.  Obviously, you have contacted your auto insurance company, and if have you no auto insurance, then your relative in your household, and if there's no auto insurance in your household, then you can go to what is called the Assigned Claims Fund of the State of Michigan.  There's an application for benefits form.  It's a notice form, but it must be filled out as soon after the accident as you can and you must have that in within one year of the date of the accident or you lose entirely your right to collect all no‑fault benefits.  So please, make sure you do that.

You only have one year from the date you have gone and incurred a bill to have the auto insurance pay that bill or you lose the right to collect that bill.  So whether they say it's under investigation or they need more information, that does not do it.  You have to have a lawsuit started within one year of the date you have gone to a hospital, a doctor, have incurred lost wages, incurred attendant care.  Anything you have done as a no‑fault benefit must be paid within one year or a lawsuit must be started.

Please understand that every factor can change an answer and it is extremely important that you call an attorney and talk to him about these benefits as to any questions because this is a technical, complex law.  And I hope this has given you knowledge and advice.

And if there are any questions, please feel free to call us.  We're here to help you and make sure things go well for you.  Thank you.