When a family member or loved one is killed in a motor vehicle accident, you may be able to recover survivor’s loss benefits if you are a dependent of the victim under Michigan’s No-Fault Act.
The No-Fault Act applies for all types of motor vehicle accidents, including car, bicycle, motorcycle, pedestrian and truck accidents.
Michigan’s No-Fault Act states that a spouse or child under the age of 18 are considered dependent and can collect survivor’s loss benefits. Additionally, children over the age of 18 who are physically or mentally incapacitated can qualify for survivor’s loss benefits if they were living with or supported by the victim.
If you do not fall into either of these categories, you might still be considered a dependent, depending on the circumstances at the time of death. In terms of spouses, the legal presumption of being a dependent terminates upon death or remarriage.
What type of losses are covered?
You can recover survivor’s loss benefits for many different losses, including:
- Funeral and burial expenses
- The after-tax income earned by the victim
- The value of fringe benefits that were available to the victim and their family
- Any other activity that resulted in the production of contribution things of economic value
Survivor’s loss benefits can also be recovered for replacement services for chores around your home. These are called household services. You can receive survivor’s loss benefits for up to three years.
Filing a claim for survivor’s loss benefits
A claim for survivor’s loss benefits is submitted to the insurance company handling the claim. You must generally submit documents such as the death certificate and funeral bill.
Documentation proving all other claimed losses is also required. For example, if you are claiming benefits for loss of financial support from the victim’s income, you must present documentation such as prior pay stubs or tax returns.
It is important to file a claim as soon as you can after the accident. If your claim for survivor’s loss benefits is denied, you can file a lawsuit against the insurance company. However, the lawsuit must be filed within one year from the date of the last unpaid benefit, so it is vital to act quickly.
Do I have any other legal options?
Survivor’s loss benefits are different than damages recovered under a wrongful death lawsuit, which is based on negligence. You can file for survivor’s loss benefits and still pursue a private action for wrongful death.
Losing a loved one is always tragic and something many people never get over, especially if the death is sudden and due to someone else’s negligence.
Navigating the legal system and taking the necessary steps to claim survivor’s loss benefits may seem overwhelming and confusing while you are struggling with your loss and trying to heal. Having help and guidance during this difficult time can allow you to focus on healing while someone else takes care of the details.