Hello, my name is John Alexander and I am a Michigan Personal Injury Attorney. Today I want to talk to you about your first party benefits that arise from a motor vehicle accident in Michigan.
When you are involved in a motor vehicle accident in Michigan you have a claim against your own insurance carrier and potentially against an at fault driver.
We live in a state (Michigan) that is a no fault state which merely means that regardless of fault, your own auto carrier must pay your first party expenses. When insurance people talk about first party expenses they’re talking about your medical costs rehabilitation costs, therapy costs, wage loss, attendant care services and replacement care services. Remember, your own insurance carrier owes you for these costs, even though or even if the accident was your fault.
Do not listen or believe what your insurance adjuster tells you. You should consult an attorney regarding these benefits. Often times claims adjusters will not tell you the whole story. Sometimes there’s a dispute as to which insurance company should pay your medical cost if it’s a multiple car accident. In that case one of the insurance companies must pay your medical bills while they’re figuring out who really has to cover the expenses of your care and treatment.
The secret to getting care and treatment cost back from the insurance company is:
- you have to have good documentation.
- you have to fill out forms that people do work for you, such as attendant care services and replacement services
- the most important that people don’t realize is your doctor has to order certain care for you to get paid.
Replacement services mean that if you can’t do things around the house such as cooking, cleaning, your chores, taking out the laundry. Your insurance company owes you $20.00 a day if you require help. It could be professional help or it could be a family member, but the doctor has to order it and the person has to keep track of their record. Secondly, with attendant care services if the doctor orders that the insurance company must pay that attendant services are hourly nursing care again it could be by a professional or it could be by your family members, typically attendant care services are payed at $11 dollars to $23 dollars per hour. And that can be paid to your family members also remember that once an insurance company receives evidence of a claim and proof of a claim they have 30 days to pay you otherwise they owe interest 12% interest on that claim. So ,promptly submit all your claims to the insurance company with the proof and they have really 30 days to pay otherwise they owe you interest.
If you have any questions on your first party benefits, you may feel free to call me at 248-290-5600. We have a Michigan Personal Injury Law Office in Bingham Farms that serves statewide, but primarily Wayne, Oakland, and Macomb counties.