Today I read about a tragic Romeo car accident in which Chelsea Pascoe, a Romeo High School student, was killed.  She was driving at the intersection of Campground Road and 31 Mile Road in Washington Township, Michigan when her car was struck by a pick-up truck driven by one of her fellow students.  Three of her friends who were passengers in her car were also injured but are expected to survive.  Police have not released the results of their investigation determining who was at fault in the accident.

This is an extremely tragic accident, especially since the victims are so young.  My sympathies go out to the families of all students.

My firm represents injury victims and their families in similar cases.  These cases are very sensitive to the victims and their families and are always very emotional for obvious reasons.  As an attorney involved in these cases, I am very attuned to the emotions involved in the case. 

In investigating a case for a client, I first determine what type of insurance benefits may cover the accident.  This includes an analysis of both the liability policies and the Michigan No Fault insurance policies. 

Even though there has been no determination of who is at fault, both drivers and all passengers involved are entitled to No Fault benefits, which include payment of all hospital bills and medical expenses, as well as a portion of the funeral expenses.

The injury victims may also have claims for their personal injuries suffered in the accident.  Regardless of who was at fault, the three injured passengers would have a claim against either the driver of their car or the pick-up truck.  The driver who was determined to be free of fault would also have a claim against the negligent driver.  If it was determined that Chelsea Pescoe was not at fault, her family would also have a wrongful death claim against the driver of the pick-up truck.

If you would like more information about your rights after a Michigan car accident, you can order our FREE book, ““The Ultimate Michigan Car Accident Handbook” by clicking on the book link.  We will send it out immediately along with other important information. 

For more information about Michigan car accident cases, visit our law firm web site at www.BuckfireLaw.com   If you would like to speak with one of our Michigan car accident attorneys about your case, feel free to call us anytime at (800) 606-1717 or simply submit this contact form and we will get back to you quickly.

A terrible accident occurred last night in Hubbardston, Michigan on O’Brien Road near McKenna Road.  The Iona Sentinel -Standard reports that one woman died and four others were injured in this two car Michigan accident around midnight.    Apparently, a car being driven by one woman  and containing three passengers ran a stop sign and collided with another vehicle.   A 37 year old woman in the first car  died and the other passengers were seriously injured.  Police are still investigating.

Everyone injured in the accident can make a Michigan No-Fault Insurance claim for their medical bills, lost wages, and other expenses.  This includes the driver who ran the stop sign and caused the collision even though she was at fault at the accident.  If in fact the driver ran the stop sign, all of the passengers in her car and the other innocent motorist can make claims against her for her negligent driving.  Her insurance company would have to pay the settlements.

For more information about legal rights after a Michigan car accident, visit our website at www.BuckfireLaw.com.  There are free forms on the site that can be downloaded to make Michigan No-Fault Insurance claims.

Michigan attendant care benefits are a tremendous benefit available to car accident victims through the Michigan No-Fault System.  Oftentimes, a person sustains serious injuries as a result of an auto accident, which renders him or her unable to do things that he or she was able to do prior to being injured. Many times, the injured person requires professional agencies to care for him or her at home. 

However, more often, the injured person is cared for by family and friends. This type of care is referred to as “attendant care.”  Attendant Care services commonly include, but are not limited to:

• Preparing meals and feeding
• Assistance with personal hygiene, such as dressing and bathing
• Attending to wounds
• Assistance with medication
• Providing transportation to and from medical appointments
• Supervision and monitoring,

          Section 3107(1)(a) of the Michigan No-Fault Act is the specific statutory section that entitles auto accident victims to be compensated for “attendant care” rendered by family members.  Courts in Michigan have held that the word “services” in this section of the No-Fault statute includes both skilled and unskilled attendant care as well as supervision.  The courts have also held that attendant care can be provided by family members as long a physician deems the services are reasonable and necessary. 

Once it is established that a person requires and is provided attendant care, the insurer is obligated to pay for the attendant care regardless of whether it is being provided by family or friends. The moral obligations of family members to care for one another are completely irrelevant to an insurer’s liability for payment of attendant care provided by family and friends.

          In order to submit a claim for attendant care you must provide the insurer with “reasonable proof of the fact and of the amount of loss sustained.” This is usually done by submitting a claim, in the form of written documentation, to the insurer with: (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 (See e.g. Attending Physicians Report).

          Once the claim is documented, the claimant must then demand an amount to be reimbursed by the insurer, by establishing an hourly rate and then multiplying that rate by the number of hours provided. There is no “rate schedule” of how much an insurer must pay for in-home attendant care.  However, sometimes No-Fault insurers improperly  advise claimants that attendant care is limited to $20.00 per day.  This is wrong and is an attempt by the insurer to limit attendant care to the rate at which Replacement Service Expenses [hyperlink to my Replacement Services Article] are compensable.

The only legal criteria is that the hourly rate must be “reasonable.” The hourly rate that the law deems reasonable, can vary greatly depending on the type of care being provided. As a general rule, family provided attendant care is commonly paid at a rate of anywhere between $10.00 – $30.00 per hour, depending on the nature and extent of the person’s injuries, the level of care be provided, the skill and expertise of the care provider, geographic location etc.

          If you, or someone you know, require(s) attendant care because of an auto accident related injury, and are not being reimbursed or are being reimbursed at a rate that seems unfair, feel free to contact our office to discuss your rights.