- January 23, 2015
- Car Accidents
- Pedestrian Accidents
- Personal Injury
Under the Michigan no-fault law, a person injured in a Michigan car accident who is unable to perform the household services they originally were able to do prior to the accident may be entitled to replacement services 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 a Michigan auto accident but also those injured in any type of motor vehicle accident, including:
What Are Replacement Services Benefits?
Replacement Services Benefits, also known as household services benefits, is payment of benefits from the auto insurance company for household chores, assistance, and child care performed by someone other than yourself (due to the fact that you are unable to perform them as a result of your injuries in the Michigan accident). These services and assistance can be performed by a hired individual or a family member. This is very important to know as many insurance companies will deny payment if services are performed by a family member. However, victims should know that by law a family member is entitled to perform these household services AND receive payment for their services, just the same as a hired individual.Replacement services can include a wide range of activities, including:
- Investment income
- Babysitting and child care
- Cooking and meal preparation
- Housekeeping
- Lawn and garden maintenance
- Shoveling snow
- Car maintenance
- Driving family members to school and appointments
How Long Can You Collect Benefits?
Under Michigan no-fault law, a person can collect payment for replacement services/household services up to three years from the date of the auto accident. Your claim for benefits should be submitted to your assigned insurance adjuster every thirty days.
How Much Can You Receive?
You can receive up to $20.00 a day for replacement services/household services. If you submit your claim every 30 days, that equates to $600 a month, until you are able to recover and perform the household services yourself, or until it reaches up to three years from the date of the accident, whichever comes first.
How To Submit A Claim
To submit a claim for Michigan replacement services, you first must file a no-fault insurance application for benefits with the applicable insurance company. Some insurance companies are different so this may not be applicable; however, the majority of insurance companies will have an application.
This application for no-fault insurance benefits must be filed within one year from the date of the accident. If you do not file within that one year, you will not be able to collect household service benefits or any other type of no-fault insurance benefits.
After you submit your claim, your insurance company should then assign you an insurance adjuster. You then submit a Michigan household chores and replacement services benefit claim to your assigned insurance adjuster. It is in your best interest to not submit this form to the insurance company until an experienced injury attorney has reviewed it.
The following items are required in order to successfully submit your claim:
- A prescription from your doctor for these services
- A list of the services performed
- The name of the person performing the household chores
This claim must also be filed within one year from the date of the auto accident otherwise you will lose your right to collect any type of compensation.
Depending on certain factors, you may be able to submit the application for no-fault benefits and the claim for household services together.
What Can You Do If Your Claim Is Denied?
It is not uncommon for victims who submit their claim for Michigan replacement services benefits after an auto accident to get denied by their insurance company, or for the insurance company to delay payment or pay for a few months and then cut off payment. If your insurance company refuses to pay your household services, denies payment, delays payment, cuts-off payment, or does not pay the proper amount (many will claim because it is a family member performing the services they do not get payment, which is UNTRUE), your only recourse is to file a lawsuit against your auto insurance company. This is called a no-fault lawsuit.
When this happens, is in your best interest to hire a Michigan no-fault insurance lawyer to represent you. This is because the insurance companies are notorious for playing tricky tactics, and it is important that whoever is dealing with the insurance company and handling your claim has experience negotiating so that you receive full reimbursement. Having an attorney who has no experience or knowledge handling this type of claim can be detrimental to your case and may result in you not receiving these benefits.
Get Help From An Experienced Michigan Lawyer!
At the law firm of Goodman Acker, P.C. our Michigan no-fault insurance lawyers have been handling replacement services and household services benefit claims for victims of auto injury accidents for over 30 years. We understand how to navigate through the insurance claims process and how to negotiate with the insurance adjusters so that your case ends with the best result and full payment of services that you deserve and are entitled to.
There are strict time limitations for filing a claim against the insurance company so it is important you do not wait to get the help you need. Whether you need advice on how to submit a claim or just have questions regarding your replacement services benefits, need help submitting your claim, or your household services have been denied and you need to file a lawsuit against your insurance company, call our top rated no-fault insurance lawyers today at (248) 286-8100.
We offer a free consultation where we will be able to answer all your questions and concerns and provide the help and advice you need. Best of all, to have a conversation with one of our attorneys during a free consultation, there are no obligations whatsoever. We also represent you, should you need our representation, on a trusted no-win, no-fee basis, which means there are no fees or costs to you until we win or settle your claim. For more information on Michigan replacement services benefit claims or to find out how our no-fault insurance attorneys can help you, call now!