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No-Fault Insurance Benefits

Home modifications for auto accident victims in Michigan

Insurance attorney answers frequently asked questions on how people disabled from car accidents can make their homes handicap accessible

Below are answers to the most common questions posed to our personal injury attorneys on home modifications.

To speak with an attorney about your auto accident now, call Michigan Auto Law at (800) 777-0028. There is no cost or obligation.

What are “home modifications”?

Home modifications are changes to a Michigan auto accident victim’s home or living space that accommodate the victim’s accident-related physical, mental or functional limitations and, thus, permit the victim to live and move about freely.

When are home modifications necessary?

Home modifications may be necessary in cases where a serious car accident or truck accident has imposed physical, mental or functional limitations on a person that make it impossible to live in his or her home – given its structure and/or configuration – the way it was before the accident.

In some instances, a Michigan auto accident victim’s injuries may require a full home renovation or construction of a new, modified home.

Are home modifications a Michigan No-Fault insurance benefit?

Home modifications for disabled auto accident victims are considered an allowable medical expense according to the Michigan No-Fault Law. Here are explanations of all of your first-party Michigan No-Fault insurance benefits.

Who pays for home modifications?

In most cases, the No-Fault insurance company for the auto accident victim pays for the victim’s home modifications as part of the victim’s No-Fault benefits.

However, the victim’s No-Fault insurance company is obligated to pay for home modifications only if the cost is reasonable and the modifications are “reasonably necessary” for the victim’s care, recovery or rehabilitation.

In the event that a new modified home must be built, the Michigan Court of Appeals said in Sharp v. Preferred Risk Mutual Insurance Company that the No-Fault insurance company must pay “[a]s long as housing larger and better equipped is required for the injured person than would be required if he were not injured…”

What are some of the issues that come up in regard to a home modification?

The issues include:

  • Title
  • Interest or ownership of the modified property
  • Purchase or financial contribution
  • Utilities, maintenance
  • Taxes and insurance
  • Fire or casualty
  • Sale of property
  • Change in medical condition
  • Future obligations
  • Institutionalization or death of injured person
  • Family rent
  • Changes in circumstance
  • Bars on future or other No-Fault benefits

Many of these are complicated legal issues that require the help of an experienced personal injury attorney. Call Michigan Auto Law at (800) 777-0028 for help now.

Can the Michigan auto accident victim be granted title to the modified home?

Yes, but it’s not automatic and will depend on the facts of the case. In a 2002 Michigan Court of Appeals case, Williams v. AAA Michigan, the court held that it would be “manifestly unreasonable” for the auto accident victim to be denied legal title to the modified home that his No-Fault insurance company had paid to construct for him.

What if an insurance adjuster asks me to sign a release in return for home modifications?

Do not sign a release or any other document until you have first spoken to one of our experienced personal injury attorneys. There is no cost to call and ask a question, and it’s better to be safe than to mistakenly sign something that can put your legal rights in jeopardy. Call Michigan Auto Law at (800) 777-0028, anytime.

We can explain the full consequences of signing a release. In other words, a lawyer will inform you of the rights and benefits you are being asked to forfeit by signing the release.

What about modifying my vehicle after a serious car accident?

Vehicle modifications are changes to an auto accident victim’s car, truck or van that accommodate accident-related physical, mental or functional limitations and therefore allow the victim to drive his or her vehicle. In most cases, the No-Fault insurance company of the accident victim pays for the victim’s vehicle modifications.

Our attorneys can help with your home modifications

Call Michigan Auto Law at (800) 777-0028. The call and the advice are free. You can also use our free consultation form.

Our insurance attorneys are always here to answer your questions about your auto insurance and home modifications.

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