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Michigan No-Fault Law: Definition of “Dependent” for Wrongful Death

Attorney Commentary on No-Fault Statute: MCL 500.3110

Dependents of deceased person, presumptions, fact questions, termination of dependency, accrual of personal protection benefits

This statute defines who qualifies as a “dependent” of a deceased person for purposes of Michigan’s No-Fault Act.

A deceased person is defined as someone who has been killed as a result of an automobile accident. A dependent of someone killed in an automobile accident will receive Michigan No-Fault survivors’ loss benefits.

The following people are automatically considered – or “conclusively presumed to be” –  “dependents of a deceased person” under Michigan No-Fault law:

  1. A spouse who was dependent on and lived with his or her spouse at the time of his or her spouse’s accidental death.
  2. A child less than 18 years old, or one who is “physically or mentally incapacitated from earning,” who lived with and depended on the deceased parent for regular support.

In all other cases, dependency is determined by the facts at the time of the death.

Dependency ends if a surviving spouse remarries or dies and if a child turns 18 or is no longer incapacitated.

No-Fault Attorneys of Michigan Auto Law

The attorneys of Michigan Auto Law have been specializing in auto No-Fault litigation for more than 50 years. If you have been injured in a car, truck or motorcycle accident and want information about your No-Fault rights, please call one of our expert lawyers for a free case evaluation at (800) 777-0028 or fill out our consultation form. There is no fee or obligation.

We are here to help you.