Under the no-fault law, a person injured in a
car accident who is unable to perform everyday activities around the home due to their
injuries may be entitled to attendant care benefits from their insurance
company, regardless of who was at fault for the accident.
These benefits are not only available to a driver or
passenger injured in an auto accident, but also those injured in a pedestrian accident,
bicycle accident, truck accident, motorcycle accident, or any other type
of auto accident that involved a motor vehicle.
What are Attendant Care Benefits?
Attendant care benefits are defined as in-home nursing care or nursing
services. Attendant care benefits can range from a variety of services
performed, including monitoring and supervision of the injured patient,
providing transportation to and from appointments, administering medication,
bathing, dressing, or other grooming, preparing meals, doing laundry,
taking the garbage out, or any other type of activity of daily living
that the victim originally performed but is now unable to perform due
to their injuries.
It can last anywhere from a day to a lifetime depending on the resulting
injuries and what services are rendered necessary. The benefit is paid
at an hourly rate, and most often, benefits are paid around the clock
assistance, seven days per week. Rates can range from $8.00/hour to $30/hour
depending on the level of service provided and the location that servicers
are being provided.
How Do I Submit A Claim For Attendant Care Services?
In order to receive payment from the insurance company for attendant care
services benefits, you must submit a claim to your insurer. The claim
is typically in the form of a written documentation and should include
the 1) the name of the injured claimant; (2) the name and address of the
care provider; (3) the days and number of hours the care was provided;
(4) the specific types of care provided; and (5) a note from a physician
stating that the care is necessary, including the number of days/hours
needed. As a resource, our lawyer have provided the attendant care form
for you for free. It is in your best interest to not submit this form
to the insurance company until an experienced attorney reviews it.
At the law offices of Goodman Acker P.C., our no-fault insurance lawyers
help injured accident victims submit their claim to the insurance companies
every day. We can do the same for you. If you are confused on how to submit
your claim, call our law firm office now at(248) 793-2010. We are happy
to answer any questions that you may have.
Who Can Perform Attendant Care Benefits?
Attendant care benefits can be performed by a registered nurse or home
health aide. However, what many car accident victims do not realize, and
often times the insurance company will not disclose, is that under no-fault
law family members or legal guardians are allowed to perform attendant
care services to their loved ones, and are able to receive payment for
their services. Payment to family members for in-home nursing care should
be the same amount as if you hired a nurse or home health aide to perform
these duties. In fact, many insurance companies will try to convince you
and your family that because a family member is performing attendant care
that they should not get paid as much or perform services at a discounted
rate. This is not true and under no-fault statute, family members and
legal guardians are entitled to get paid at the commercial rate. In other
words, the law does not give the insurance company a discount just because
you or your loved one are fortunate enough to have a family member take
care of you.
Who is Responsible for Paying My Attendant Care Benefits?
Attendant care service benefits or in-home nursing care benefits are paid
under the provisions of the no-fault law by the auto insurance company
responsible for paying benefits. You are entitled to these benefits as
long as the physician deems the services as reasonable and necessary.
Once it is established that you require such services, the insurance company
is responsible for paying for these no-fault services.
It is not uncommon for victims who submit their claim for no-fault attendant
care services benefits to get denied by the insurance company, or for
the insurance company to not want to pay the proper rate to the nurse,
home health aide, or especially family member performing these services.
If your insurance company is refusing to pay your no-fault attendant care
benefits or refusing to pay the proper rate for the services, your only
recourse is to file a lawsuit against your auto insurance company. This
is called a no-fault lawsuit.
When this happens, it is in your best interest to hire an experienced no-fault
insurance lawyer who handles these types of cases on a regular basis.
This is because the insurance company can be tricky and having someone
on your side who understands how to negotiate with the adjuster will be
vital to your claim.
Contact Goodman Acker, P.C.
At the law firm of Goodman Acker, P.C. our no-fault lawyers are actively
handling attendant care services benefit claims and have been for victims
of auto injury accidents for over 30 years. We understand how to navigate
the insurance claims process and how to negotiate with the insurance adjusters
so that your case ends with the best result and whoever is performing
your in-home nursing care services gets paid at the highest possible rate
There are strict time limitations when filing a claim against the insurance
company so it is important that you do not wait to call our firm and have
a conversation with one of our lawyers about your case. We offer a
free case evaluation. We will listen to your story, explain your rights, and discuss what the
next possible steps are for you. Best of all, we represent our clients
under a contingency fee basis, which means there are
no fees or costs unless you win or settle your claim. For more information on no-fault attendant care
benefits or if your claim has been denied or the insurance adjuster does
not want to pay a proper rate/not sure what the proper rate is, call our
top rated and qualified attorneys today at(248) 793-2010.