Michigan Supreme Court Tightens Scrutiny on “Attendant Care” Claims Where the Care is Provided for Ordinary Household Tasks by Family Members

The Michigan Supreme Court has significantly tightened the standards to apply for and receive allowable “attendant care” benefits under MCL 500.3107(1)(a) of Michigan’s No-Fault Act for claims that “attendant care” benefits are owed for ordinary household tasks and where such care is provided by a family member as opposed to a professional practitioner.

In short, the Court put an end to claims by family members seeking reimbursement for providing basic, non-professional household services tasks to assist claimants injured in motor vehicle accidents.

Here, the Court makes clear that “allowable expenses” under MCL 500.3107(1)(a) must be for an injured person’s “care, recovery or rehabilitation” and whether such care is necessitated by the injury sustained in the motor vehicle accident.  Accordingly, the Court held that reimbursement for “ordinary household tasks” unrelated to the injury will no longer be allowed.  The Court also made sure that claims for reimbursement will be supported by legitimate requests for compensation and proof that such compensation is truly for the provision of the medically necessary services to which an injured party is entitled under the No-Fault Act.

This case will put an end to claims by spouses and family members for charging insurance companies daily fees or rates for providing allegedly “allowable expense” services that are nothing more than ordinary household tasks and basic assistance to the injured claimant unrelated to any “care, recovery or rehabilitation” necessitated by the injury.

Here is the case:

Douglas v. Allstate