Using my 30 years of experience as a car Crash Attorney I will be writing a series of Blog Articles explaining how car crash claims are handled in North Dakota. This in Car Crash Blog Volume 5: Other No-Fault Benefits.
In prior posts I have discussed the two major No-Fault benefits: Medical Expense Benefits and Wage Loss Benefits. There are additional benefits available if you have been injured in a car crash. Those benefits include rehabilitation expenses, replacement services loss, survivors’ income loss, survivors’ replacement services loss, and funeral, cremation, and burial expenses.
Rehabilitation expenses include the cost of a procedure or treatment for rehabilitation or a course of rehabilitative occupational training. The procedure, treatment, or training must be “reasonable and appropriate for the particular case.” Also the cost must be reasonable in relation to its probable rehabilitative effect and it must be likely to contribute substantially to medical or occupational rehabilitation. Before you can expect your No-Fault insurance company to pay for an expense it has labeled as a “rehabilitation expense” you will need to have your doctor certify that it meets all of the requirements.
Replacement services loss is limited to $15.00 per day for ordinary and necessary household services that you would have performed if you had not been injured. The replacement services cannot be performed by a member of your household. Again, you will need documentation from your doctor that you cannot perform your household chores and also receipts showing that you paid someone to perform the tasks.
If a family member is killed in a car crash there are specific benefits that can be paid to the surviving family members. Surviving family members include a spouse and others receiving support from the deceased family member at the time of the death which would qualify them as dependents of the deceased for federal income tax purposes.
Survivors’ income loss is the loss of support family members would have received from the person killed in a car crash from work the victim would normally have performed.
Survivors’ replacement services loss is limited to $15.00 per day after the victim’s death for ordinary and necessary services the family member would have performed. The replacement services cannot be performed by a member of the household. You will need to show that the house work was normally done by the family member killed in the car crash and also receipts showing that you paid someone to perform the tasks.
Funeral, cremation, and burial expenses are also considered economic losses incurred by a family member that is killed in a car crash. Receipts for these expenses should be submitted to the No-Fault insurance company for payment.