No-Fault Accident Related Treatment and Payment during the Coronavirus
As our firm and so many others are partially or fully shutdown, there is little access to the courts and much of the state is shut down, delays in processing claims are to be expected. Many adjusters and insurance company representatives are working from home or not at all, so it is likely that sending and receiving information as well as checks are all likely to be delayed. Moreover, the Michigan Supreme Court has tolled all statute of limitations during the state shutdown, and Unfortunately, this means that it is likely that any delay would not be actionable.
Nevertheless, The Michigan No-fault act still requires that all “reasonable charges incurred for reasonably necessary products, services and accommodations for an injured person's care, recovery, or rehabilitation” must be paid under MCL 500.3107. Therefore, despite the coronavirus, the insurers are still operating, and will ultimately still be required to pay any bills that are incurred during this time. Insurers will also still have to pay for reasonable and necessary services provided by loved ones during this time.
People still need help around the house, and many need assistance with personal care needs or with assistances with chores around the house. If you are receiving help around the house due to an accident, it is still just as important as ever to record what is being done. This is because in order to receive compensation for your loved one’s hard work.
We are all hopeful that the shutdown will be short lived, and that in a few weeks this crisis will pass. Once that happens and operations resume as normal, diligent recording of any assistance received at home will be paramount to receiving the befits to which an individual is entitled.
John T. Schroder Attorney at Law
Law Offices of Joumana Kayrouz, PLLC