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Michigan No Fault Benefits | No Fault Death Benefits
No Fault Loss Benefits for Survivors
The Michigan No-Fault Law (MCL 500.3108) guarantees that dependents of a Michigan accident victim are entitled to benefits when that loved one dies due to injuries sustained in an automobile accident. It doesn’t matter if they were a pedestrian, on a bicycle, a motorcycle, or in a car or truck, or whether the deceased was at fault. A no-fault policy maintained by one person includes all family members living in the same residence.
Because insurance companies are notorious for denying claims, it is imperative that you contact The Mike Morse Law Firm as soon as possible after a Michigan accident, to insure you receive all the benefits that you deserve.
Determining Michigan No Fault Survivor Benefit Amounts
The maximum monthly payment for survivor loss benefits changes annually, to reflect the cost of living. No-fault survivor benefits are determined by the decedent’s post-tax income, financial fringe benefits, and other “contributions of tangible things of economic value” of the deceased that dependents would have received for their support if the victim had not been killed. (Even if the deceased was unemployed at the time of the accident, it may be possible for the survivor to demonstrate that the deceased would have accepted an employment opportunity within three years of the accident.) Under the law, financial compensation may be based on resources such as:
- lost wages
- social security benefits
- annuity income
- disability coverage
- worker’s compensation benefits
- pension benefits
- medical insurance premiums
- fringe benefits
- hospital/medical insurance premiums
- investment income
Eligibility and Length of Michigan No Fault Survivor Benefits
No-fault benefits can be paid to surviving dependents for up to three years after the accident. Dependents are typically spouses and children under the age of 18, but may include children over 18 if the children are physically or mentally disabled at the time of the parent’s death.
Working with an experienced Michigan accident attorney to submit your claim for survivor loss benefits correctly and quickly is key. Claims not submitted within one year of the accident will be permanently denied.
Other Michigan Survivor Loss No Fault Benefits
A $20.00 per day household replacement service benefit is available in addition to the above-mentioned benefits. Replacement services (a/k/a household help) must be proven to be necessary and must be substantiated when they are provided.
Funeral expenses are also payable in the amount specified in the decedent’s no-fault insurance policy. Funeral and burial expense benefits may not exceed $5,000.
Need More No Fault Benefits Answers? We Can Help
Michigan accident lawyer Mike Morse and his staff of accident attorneys have been helping people who have been involved in Michigan car accident cases for many years. Your phone calls, consultation, and answers to your questions are provided free of charge. We charge our clients nothing, until we settle their case. Contact us today at 855-MIKE-WINS or e-mail us.