Most Michigan residents are aware that the state's no-fault insurance system will pay for all related medical care if they are injured in an auto accident and will pay for such care for the rest of their life if necessary. Many also know that no-fault benefits will compensate a victim for lost wages for a period of time. However, what is not so well understood is what other services and expenses can also be paid as no-fault insurance benefits.
In this article, we're going to take a look at the items and services that can be included in a no-fault injury claim besides direct medical treatment and lost wages compensation. Our hope is that you will become more familiar with your rights for compensation should you become injured in a Michigan auto accident.
Michigan's no-fault insurance law provides for various expenses that can be paid as no-fault benefits. These include:
Reimbursement for direct medical costs and wage loss are commonly-known-about benefits, so we are going to focus on the other benefits. Many of these lesser-known benefits are considered "allowable expenses" covered under what Michigan statutes describe as "reasonably necessary products, services and accommodations for an injured person's care, recovery, or rehabilitation." See MCL 500.3107. Allowable expenses should be reimbursed for as long as they are reasonably necessary - potentially for life. Let's take a look at several lesser-known reimbursable expenses.
Any reasonable costs that a person injured in a Michigan auto accident incurs in getting to doctor's appointments, hospitals, treatment facilities, rehabilitation services or any other service needed for treatment of the injury and rehabilitation is an allowable expense that the applicable no-fault insurance company is liable for. This can include taxi, bus or train fare or mileage on personal vehicle used to drive to the treatment location, including a vehicle owned by someone other than the injured person. If someone is needed to drive the injured person to appointments, that person's time can also be reimbursed in most cases. All receipts and detailed records will be helpful to support the claim when submitted to the insurance company. This benefit is available for life if lifelong treatment is required and there is no monetary cap.
If an injured auto accident victim has someone come to his or her house to perform domestic tasks, such as cleaning or mowing the lawn, because they cannot perform the tasks themselves, the injured person may entitled to compensation for replacement services. This compensation is available even if a family member or friend performs the task rather than a professional service. The funds can be used to compensate the individual for their time. Replacement services compensation is limited to a maximum of $20 per day for up to three years after the date of the accident.
If, because of a person's injuries, he or she needs help with everyday functions, like preparing meals, dressing, bathing, etc., someone can be hired to provide these services and no-fault insurance is responsible for the reasonable and customary charges for those services. The person providing the care can be a family member or friend, or it can be a professional care provider or nurse, depending on the type of care required. If a family member or friend provides the attendant care, the insurance company should compensate them at a rate reasonable for that level of care provided. This benefit is available for whatever length of time it is reasonably necessary, and has no cap, though the rates charged must be reasonable for the level of care provided.
If a person's injuries are such that the individual needs to have his or her vehicle modified in order to transport him or herself, such as installing a wheelchair lift, the cost of those modifications is the liability of the insurance company. To qualify, the modification must be reasonably necessary and related to the injury that is covered. If a different vehicle is needed to accommodate the modification, such as replacing a compact car with a van big enough for a wheelchair lift, that additional cost can be a reimbursable expense. A doctor's prescription for the modifications can be helpful in getting reimbursed for these expenses.
If, because of their injuries, it becomes reasonably necessary for an injured individual to have their home modified to accommodate the physical needs of their disability and no-fault benefits is responsible for those reasonable expenses in doing so. For example, someone who is left a paraplegic after an auto accident can have a wheelchair ramp installed in their home.
At Sachs Waldman, our personal injury lawyers regularly assist auto accident injury victims in determining which injury-related expenses can and should be covered by their Michigan no-fault insurance. If you've been seriously injured in a Michigan auto or truck accident, call our Detroit personal injury law office and schedule a free initial consultation: 1-800-638-6722.
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