- June 29, 2020
- Car Accidents
- Personal Injury
On July 1, 2020, a new law will go into effect that allows drivers in Michigan to choose their own no-fault Personal Injury Protection (PIP) insurance plan, which was previously fixed. While many people welcome this change and the potential savings it will bring, there are some downsides. One of those includes a new cap on attendant care.What is Attendant Care?
Attendant care refers to assistance provided for people with disabilities in order to help them perform daily tasks they are unable to do themselves. In insurance terms, attendant care is a no-fault PIP benefit that ensures that victims of motor vehicle accidents can get the nursing assistance they need to recover from devastating injuries.
Providing attendant care may involve assisting a person with disabilities with any of the following:
- Administering medical care
- Administering medication
- Bathing
- Carrying and lifting things
- Dressing
- Driving
- Eating
- Grooming
- Walking
- And more
What Were the Attendant Care Limits in the Old Version of the Law?
Prior to the new law coming into effect, there was no limitation on the attendant care hours that could be performed by family members or friends. Family members and friends could perform 24 hours of attendant care per day or 168 hours per week.
Does the New Law Limit Attendant Care Hours?
Unfortunately, it does. Attendant care is now limited to 56 hours.
For attendant care rendered in the injured person's home, an insurer is only required to pay benefits for attendant care up to the hourly limitation in section 315 of the Worker's Disability Compensation Act of 1969, 1969 PA 317, MCL 418.315.
This subsection only applies if the attendant care is provided directly, or indirectly through another person, by any of the following:
- An individual who is related to the injured person
- An individual who is domiciled in the household of the injured person
- An individual with whom the injured person had a business or social relationshipbefore the injury
If you are seriously injured in a car accident and the cost of attendant services exceeds your no-fault PIP medical benefits coverage level, then you can sue the driver who caused the car accident for excess costs under the new law.
Do you have more questions about car insurance coverage under Michigan’s new no-fault law? Read more by visiting our Michigan’s New No-Fault Law Explained page or contact our Detroit car accident lawyers for more information.