Survivor’s Loss Benefits

Michigan No-Fault Insurance Survivor’s Loss Benefits

The final type of no-fault PIP benefits that an injury victim can recover is called survivor’s loss benefits, which are payable to the dependents of a person who died from a motor vehicle accident. This benefit is governed by M.C.L. 500.3108(1), which states:

…. [P]ersonal protection insurance benefits are payable for a survivor’s loss which consists of a loss, after the date on which the deceased died, of contributions of tangible things of economic value, not including services, that dependents of the deceased at the time of the deceased’s death would have received for support during their dependency from the deceased if the deceased had not suffered the accidental bodily injury causing death and expenses, not exceeding $20.00 per day, reasonably incurred by these dependents during their dependency and after the date on which the deceased died 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.

Survivor’s loss benefits are payable for only 3 years and are capped at the same montly maximum amount that applies to wage loss benefits. But, similar to wage loss benefits, the monthly maximum amount is increase annually to adjust for increases in cost of living.

This is also another no-fault insurance benefit that has developed significantly through Michigan case law, and therefore, requires consultation with an expert Michigan car accident lawyer to fully understand.

The main requirement — Dependency

Survivor’s loss benefits are only payable to “dependents,” which is defined by Section 3110(1). The statute conclusively presumes dependency of a husband or wife at the time of death as mutually dependent on one another, and children under the age of 18 years as being dependend on their parents. Dependency also includes children over 18 who are physically or mentally incapicated and who are dependent on the person with whom they disable child lives with or from who he or she receives regular support at the time of death.

According to Section 3110(3), the dependency of a surviving spouse ends upon either his or her death, or remarriage. There are a number of issues related to this that an expert Michigan car accident lawyer can properly address.

“Funeral and Burial Expenses”

Section 3107(1)(a) provides for the payment of funeral and burial expenses of an amount not less than $1,750 and no more than $5,000. This amount will actually depend on the type of no-fault insurance coverage you purchased.

If you or someone you know was recently injuried in a car accident and you would like to know your rights and what you are entitled to collect, please set up a free case review with one of the leading expert car accident law firms in Michigan.