Survivor's Loss of Benefits

Section 3108 of the Michigan no-fault act provides for the recovery of a Michigan automobile accident survivor's loss of benefits. Survivor loss benefits are not considered a personal injury, but rather, a loss, after the deceased died, of contributions of tangible things of economic value such as: lost wages, hospital/medical insurance premiums, disability coverage, pensions, investment income, annuity income and worker's compensation benefits.

The amount recoverable for loss of tangible things of economic value cannot exceed $1,000 during a single 30 day period and is not payable after the first three years of the accident. For replacement services, the maximum is $20 per day.

When computing a Michigan automobile accident survivor's loss of benefits, dependents must prove they would have received these amounts as support.

A key point to note is that if the deceased was unemployed at the time of his Michigan car crash death, the survivor can show that deceased Michigan auto accident victim "would have" accepted a job within three years after the death.

An insurer is allowed to reduce the amount payable for tangible things of economic value by the amount of taxes the deceased Michigan car accident victim would have paid. However, there is no deduction for the deceased's personal compensation.

There can be additional potential set-offs in the event of a personal injury verdict under Michigan law.

We would encourage you to contact a personal injury lawyer at Michigan Auto law to answer any questions you may have about Michigan survivor loss benefits.