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.
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.
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.
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.
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.
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 they deserve.
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.
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