Michigan Court of Appeals; Docket #270000; Unpublished
Judges Cavanagh, Bandstra, and Owens; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
STATUTORY INDEXING:
Allowable Expenses for Attendant Care [3107(1)(a)]
One-Year Notice Rule Limitation [3145(1)]
One-Year Back Rule Limitation [3145(1)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, decided without oral argument, the Court of Appeals reversed the trial court’s grant of summary disposition for defendant, finding that if plaintiff’s injuries which impeded her ability to ambulate are related to her automobile accident that occurred 11 years earlier, defendant is liable for plaintiff’s attendant care expenses which she incurred within the prior year, even though she had not previously sought attendant care benefits.
The plaintiff in this case sustained injuries to her left ankle in an accident that occurred on December 1, 1993. Plaintiff presented evidence that she received attendant care benefits from December 24, 1993 through January 20, 1994. After that time, plaintiff’s husband continued to provide plaintiff with attendant care services, but plaintiff did not seek benefits for those services. In 2005, plaintiff’s husband was injured and was unable to care for plaintiff while he recuperated. Due to plaintiff’s husband’s inability to care for her, plaintiff received care in an assisted living facility for which she sought attendant care benefits.
In reversing, the Court of Appeals noted that under MCL 500.3145(1), an action for personal protection insurance benefits may be filed more than a year after an accident, but recovery is limited to losses incurred within the year preceding the filing of the action. Plaintiff provided notice of the injury within a year of the accident and was, therefore, entitled to bring an action for benefits incurred within a year preceding the filing of her complaint. In this regard, the court stated:
“MCL 500.3145(1) provides a one-year back rule for recovering personal protection insurance benefits:
An action for recovery of personal protection insurance benefits payable under this chapter for accidental bodily injury may not be commenced later than a year after the date of the accident causing the injury unless written notice of injury as provided herein has been given to the insurer within 1 year after the accident or unless the insurer has previously made a payment of personal protection insurance benefits for the injury. If the notice has been given or a payment has been made, the action may be commenced at any time within 1 year after the most recent allowable expense, work loss or survivor’s loss has been incurred. However, the claimant may not recover benefits for any portion of the loss incurred more than 1 year before the date on which the action was commenced. . . .
Under this statute, an action may be filed more than a year after an accident, but recovery is limited to losses incurred within the year preceding the filing of the action.”
