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Michigan No-Fault Benefits: Wrongful Death from an Auto Accident

Attorney Commentary on No-Fault Statute: MCL 500.3108

Survivor’s loss, personal protection insurance benefits; scope; maximum benefits

If a person’s spouse, parent or even child was killed in a car or truck accident, then Michigan’s No-Fault insurance law may allow for a benefit called survivor’s loss, which is also known as wrongful death benefits.

No-Fault survivor’s loss benefits are payable to the “dependents” of a wrongful death car accident victim.

These benefits cover “contributions of tangible things of economic value, not including services,” that the deceased’s dependents “would have received for support during their dependency from the deceased” if he or she had not passed away as a result of car accident-related injuries.

Additionally, survivor’s loss benefits reimburse dependents for the “expenses, not exceeding $20.00 per day” that they have “reasonably incurred . . . during their dependency . . . in obtaining ordinary and necessary services in lieu of those that the deceased would have performed for their benefit if the deceased had not suffered the injury causing death.”

No-Fault survivor’s loss benefits are limited by a statutorily prescribed monthly maximum. They are recoverable on a “no fault” basis for three years following the car accident that took the deceased’s life.

Claims of future, prospective payment or claims regarding what services the person killed in the motor vehicle accident may have performed at some future date or time are regarded as speculative and are not payable under the Michigan No-Fault Act. These claims may, if they can be sufficiently proved under Michigan law, be included as part of a third-party tort claim by the estate of the person killed in the automobile accident against the negligent party.

The 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 accident, truck accident or motorcycle accident and want information about your No-Fault rights, please call one of our experienced 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.