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The Bahri Doctrine - Don’t Get Cute With Your Insurance Claim

If you’ve been injured in an auto accident, you know that managing your claim and reporting to your no-fault insurance adjuster can seem like a full-time job.  You’ve got to fill out an application for benefits, sign medical releases, report back after each doctor visit, send paperwork from your doctor, mitigate damages by looking for work, and fill out forms regularly for things like attendant care and replacement services.  It’s no wonder most people have friends and family members help manage their claims.  But if you opt for help, make sure your helpers are on the up-and-up.

The Michigan Supreme Court recently decided in a case called Bahri that any fraud in the insurance claim process can invalidate the entire claim.  What does that mean?  It means if one of your family members is over-reporting how much attendant care they’re providing, and your insurance finds out, they can deny your entire claim due to fraud.  That includes denying wage replacement benefits and medical care.

Obviously, this can create a dire situation for somebody who is catastrophically injured.  For this reason, it is oftentimes best to opt for professional nursing services when it comes to attendant care.  Many people chose to not even claim replacement services for fear of accidentally invalidating their claim.  After all, keeping track of little tasks done here and there throughout the day, like mowing the lawn or taking out the trash, can be very difficult to do accurately.  Many insurance carriers will find any reason they can to deny a claim, so it is often best to err on the side of caution.

The experts at Bolhouse, Hofstee & McLean, P.C. know how to fight for injured claimants.  If you’ve been injured, call for a free consultation today.

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