Michigan Attendant Care Benefits: Family Care and Documentation

Family members who provide injury-related care after a Michigan auto accident should document the care actually delivered. The need for help, the services performed, the hours, and the applicable insurance rules all matter. Being available at home is not the same as proving every hour is compensable attendant care.

Describe the care and the medical need

Keep treating-provider documentation explaining the injury-related need for assistance or supervision. Daily records should identify the caregiver, date, tasks, start and end times, and relevant observations. Avoid filling every day with an identical description that does not reflect the care provided.

Separate personal care or medically necessary supervision from ordinary household tasks. Replacement services and attendant care are different benefit categories. If a caregiver also performs cooking, cleaning, errands, or childcare, record what was done without assuming all tasks belong in the same claim.

The 56-hour rule is not a universal answer

Michigan’s auto insurance FAQs explain the limit affecting certain in-home care by family, household members, or people with a preexisting relationship where the statutory restriction applies. The insurer can contract for more care. Eligibility and the applicable limits require review rather than a blanket assumption about every accident.

The Michigan Supreme Court’s Andary decision held that the challenged fee and family-care restrictions could not retroactively alter the vested contractual PIP rights of the pre-reform insureds at issue. Policy and injury dates can therefore be important. Do not apply a current limit to an older claim without examining the governing law.

A useful care file includes more than an hours total

• Provider orders or evaluations describing care needs, restrictions, and changes during recovery.
• Contemporaneous task and time logs identifying the person who supplied each service.
• Invoices, payment arrangements, and correspondence about the requested rate or authorized hours.
• Records distinguishing family care from agency care and identifying any overlapping time.
• The relevant policies, claim number, written denials, and proof of submissions to the insurer.

Respond to a denial by identifying the actual dispute

Ask whether the insurer disputes coverage, medical necessity, hours, rate, documentation, or the applicable legal limit. A response addressing the wrong issue can leave the real dispute unresolved. Keep your records accurate; do not increase claimed hours simply because the insurer reduced a payment.

Our Michigan no-fault claims practice page covers benefit disputes. Read also about case management after an auto injury when ongoing care requires coordination. Have payment and filing deadlines reviewed promptly.

Discuss your claim with Logeman & Iafrate

For a free consultation, contact Logeman & Iafrate, P.C. or call (734) 994-0200. Bring the records described above so the conversation can focus on your accident, available coverage, and next steps.

This article provides general information, not legal advice. The applicable law, policy terms, and deadlines depend on the facts of your case.

Can a family member provide compensable care?

Potentially. The services, medical need, hours, applicable coverage, and legal limits must be established.

Does the 56-hour limit apply to every older accident?

Do not assume so. Andary and the policy and injury dates can affect which rules govern the claim.

Are cleaning and attendant care the same benefit?

No. Document the actual tasks so household replacement services can be distinguished from injury-related attendant care.