Michigan Car Accident Death Laws: Know Your Legal Rights
If you have lost a loved one in a fatal car accident in Michigan, your family may have both a wrongful death claim against the at-fault driver and certain No-Fault survivor’s loss benefits available, since Michigan’s laws are somewhat unique because of the state’s No-Fault auto insurance system. State laws allow you to recover wrongful death compensation and monetary damages from the at-fault driver responsible for the loss of your loved one, while also allowing you to recover survivor’s loss benefits for lost financial support, regardless of who caused the crash.
An experienced wrongful death attorney can guide you through your legal rights to recover compensation, economic damages and No-Fault survivor’s loss benefits.
Your recovery under the Michigan car accident death laws may also include compensation and damages for pain and suffering, funeral and burial expenses, loss of financial support, and loss of your loved one’s companionship and/or guidance as a parent.
Our settlement calculator can also help show you what your family’s Michigan wrongful death case may be worth.
Because these are two separate legal processes with different rules, it helps to see them side by side before deciding how to move forward:
| Feature | Wrongful Death Lawsuit | No-Fault Survivor’s Loss Benefits |
|---|---|---|
| Target | The at-fault driver | The deceased’s own auto insurance |
| Fault Required? | Yes, you must prove the other driver was negligent | No, benefits are paid regardless of who caused the crash |
| Who Files? | Only the Personal Representative of the estate | Surviving dependents (spouse, children) |
| What It Covers | Loss of companionship, pain and suffering, excess lost income | Lost wages, replacement services, and funeral costs |
| Key Deadline | 3 years from the date of death | 1 year from the date of the accident |
How many people die in car accidents every year?
In the United States, there were 39,254 people who died in car accidents in 2024, down from 41,025 in 2023 and down from 42,721 in 2022, according to NHTSA.
In 2024, there were 36,297 fatal crashes nationwide, down from 37,769 in 2023 and down from 39,422 in 2022, according to NHTSA.
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How many people die in car accidents every year in Michigan?
In Michigan, there were 1,099 people who died in car accidents in 2024, up from 1,095 in 2023 and up from 1,123 in 2022, according to Michigan Traffic Crash Facts.
Nevertheless, the number of crash-related deaths in Michigan in 2024 was the third-highest in the last 10 years, according to Michigan Traffic Crash Facts.
What is the leading cause of death in car accidents?
The leading causes of death in car accidents are: (1) driving under the influence of alcohol; (2) driving under the influence of drugs; (3) speeding; (4) distracted driving; (5) using a cell phone or mobile electronic device while driving; and (6) drivers disobey red lights.
Can you sue the at-fault driver for your loved one’s car accident death in Michigan?
In Michigan, if your loved one or family member was killed in a car accident, you and your family may be able to file a wrongful death lawsuit against the at-fault driver. This lawsuit must be filed by the personal representative of the deceased person’s estate. The proceeds from the lawsuit will go to your loved one’s dependents.
Under Michigan law, only the personal representative of the estate – that is, the personal representative of the person who died in a motor vehicle crash – has the legal authority to file this type of lawsuit. The personal representative is officially designated by a probate court judge. The personal representative can and often is a family member of the deceased.
What compensation and damages are available for car accident death in Michigan?
In Michigan, wrongful death compensation and damages can be recovered by the family of a person who lost his or her life as a result of a car accident death. A lawsuit under Michigan’s wrongful death act against the at-fault driver needs to be filed by the personal representative of the deceased person’s estate.
The damages and compensation that can be recovered include:
- “[R]easonable medical, hospital, funeral, and burial expenses for which the estate is liable” (MCL 600.2922(6))
- “[R]easonable compensation for the pain and suffering, while conscious, undergone by the deceased during the period intervening between the time of the injury and death” (MCL 600.2922(6))
- “[D]amages for the loss of financial support and the loss of the society and companionship of the deceased,” including “loss of service,” “loss of gifts or other valuable gratuities,” and “loss of parental training and guidance.” (MCL 600.2922(6); M Civ JI 45.02 Wrongful Death – Damages)
Who is entitled to compensation and damages after fatal motor vehicle crash in Michigan?
In Michigan, when a car accident death occurs, compensation and damages may be payable to the deceased person’s spouse, children, descendants, parents, grandparents, siblings and devisees under the deceased person’s will. (MCL 600.2922(3))
How long do you have to file a wrongful death lawsuit?
In Michigan, a wrongful death lawsuit against the at-fault driver must generally be filed within three years of the date of the fatal car accident.(MCL 600.5805) Missing this deadline typically bars the family from recovering compensation through the courts, so it’s important to speak with an attorney as soon as possible after a fatal crash.
No-Fault survivor’s loss benefits
In Michigan, the family members and other dependents of someone who lost a loved one in a car accident may be able to recover No-Fault survivor’s loss benefits to help compensate for or offset the loss of financial support that their deceased loved one had been providing prior to his or her death. (MCL 500.3108)
What do No-Fault survivor’s loss benefits pay for?
Michigan No-Fault survivor’s loss benefits will help pay for the following after a car accident death: (1) the “contributions of tangible things of economic value” that the deceased person previously provided; and (2) the cost of paying someone else to perform the services previously done by the deceased. (MCL 500.3108(1))
Survivor’s loss benefits can be claimed by the deceased person’s spouse (so long as they were living together at the time of the deceased’s loss of life), children under the age of 18, other dependents whose dependency can be supported by “the facts as they exist at the time of death,” and those who are “physically or mentally incapacitated from earning.” (MCL 500.3110(1), (2) and (3))
Current survivor’s loss benefits include:
- Lost financial support: Michigan survivor’s loss benefits are subject to a monthly maximum, which is $7,201 per month for the period of October 1, 2025, through September 30, 2026, according to DIFS Bulletin 2025-18-INS. The maximum that applies to a claim is the one in effect at the time of the accident. (MCL 500.3108(1) and (2))
- Replacement services: Up to $20 per day, for up to three years, to pay someone to perform household tasks the deceased used to handle. (MCL 500.3108(1))
- Funeral and burial expenses: No less than $1,750 and not more than $5,000. (MCL 500.3107(1)(a)(ii))
Are funeral and burial expenses covered after a car accident death in Michigan?
The funeral and burial expenses that your deceased loved one’s estate is liable for after a car accident death may be paid for through a wrongful death lawsuit against the at-fault driver. (MCL 600.2922(6)) No-Fault benefits may pay up to $5,000 for expenses not otherwise covered. (MCL 500.3107(1)(a)(ii))
Lost a loved one in a motor vehicle crash in Michigan? Call the attorneys at Michigan Auto Law now
If you have lost a loved one to a crash in Michigan and you would like to talk with a wrongful death lawyer about whether you and your family can take legal action under our state’s car accident death laws, call now (800) 968-1001 for a free consultation attorneys. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.
Michigan Auto Law is Michigan’s largest and most successful law firm that specializes exclusively in helping people who have been injured or who have lost loved ones in auto accidents. Our secret? Our attorneys deliberately handle fewer cases than other personal injury law firms. This allows us to focus more time and attention on our cases.
Unlike other law firms, our attorneys are never too busy to promptly return phone calls and answer questions. We have more than 3,500 5-Star Reviews that reflect this care and attention to detail.
More importantly, this client-focused approach leads to better and faster settlements for our clients. Michigan Auto Law has recovered more million-dollar settlements and trial verdicts for motor vehicle accidents than any other lawyer or law firm in Michigan. We’ve also recovered the highest ever reported truck and car accident settlement in the state.
Call now so we can start making a real difference for you.
Written By
Steve M. Gursten,
Attorney,
License#: P53632
Steven Gursten, attorney at Michigan Auto Law and one of the most successful auto accident attorneys in Michigan. Michigan Auto Law represents people seriously injured in car, truck, motorcycle, and bus accidents, including catastrophic injury, traumatic brain injury, and No-Fault insurance cases. Steven has recovered the largest reported auto and truck accident settlement of any Michigan lawyer, and has been named Michigan Lawyer of the Year and a Top 50 Michigan Super Lawyer.
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