What survivors’ loss pays
MCL 500.3108 provides two kinds of payment to dependents:
- Lost support. The “tangible things of economic value” the person would have provided to dependents if they had lived. In practice this is the share of the person’s income and benefits that went to the household.
- Replacement services. The reasonable cost of hiring someone to do the household work the person would have done, such as childcare, cooking, cleaning and yard work, up to $20 a day.
Both parts end three years after the crash, and the total paid to all dependents together is capped per 30-day period.
The cap depends on the crash date
Survivors’ loss uses the same annually adjusted maximum as wage loss. DIFS sets it each October 1, and the figure in effect on the crash date applies.
| Crash date | Maximum per 30 days |
|---|---|
| Oct. 1, 2026 to Sept. 30, 2027 | $7,455 |
| Oct. 1, 2025 to Sept. 30, 2026 | $7,201 |
Source: MCL 500.3108(2); DIFS Bulletin 2026-20-INS; DIFS Bulletin 2025-18-INS.
Who counts as a dependent
MCL 500.3110 presumes these people were dependent:
- A wife or husband who lived with the person at the time of death
- A child under 18, or an older child physically or mentally unable to earn a living, who lived with the parent or was usually supported by the parent
Anyone else, such as a parent the person supported, a partner they were not married to, or a grandchild they raised, must prove dependency and its extent based on the facts at the time of death.
Dependency can end during the three years. A surviving spouse’s dependency ends at remarriage or death. For other dependents it continues only while they are under 18, unable to work because of a disability, or a full-time student in an academic or vocational program.
Funeral and burial expenses
Funeral and burial costs are an allowable expense under MCL 500.3107(1)(a), separate from survivors’ loss. The policy sets the limit, which must be between $1,750 and $5,000. Check the declarations page or ask the insurer which amount applies. The declarations page guide shows where to look.
Medical bills before death
If the person received treatment before dying, those hospital, ambulance and other medical bills are allowable expenses owed under the PIP claim, subject to the policy’s medical limit. Any wage loss for the period between the crash and death is also owed. The estate or the providers can pursue those amounts.
Which insurer pays
Survivors’ loss is paid by the insurer that would have paid the person’s own PIP benefits, usually their own policy, a spouse’s, or a resident relative’s. If no policy applies, the claim may go through the Michigan Assigned Claims Plan. See which insurer pays.
Give written notice within one year. Under MCL 500.3145, a PIP lawsuit must be filed within one year after the accident unless the insurer received written notice of the injury, or paid benefits, within that year. After that, each loss generally must be sued on within one year after it is incurred. The wrongful death claim against an at-fault driver has its own deadlines. Talk to a lawyer early; the deadline calculator lists the dates.
Sources: MCL 500.3107(1)(a); MCL 500.3108; MCL 500.3110; MCL 500.3145; DIFS Bulletin 2026-20-INS.
Questions people ask us
Who can collect survivors’ loss benefits in Michigan?
Dependents of the person who died. A spouse living with the person and children under 18, or older children unable to support themselves because of a disability, are presumed dependent. Anyone else must prove they actually depended on the person at the time of death.
How long do survivors’ loss benefits last?
Up to three years after the date of the crash. Payments are subject to a cap per 30-day period that depends on the crash date.
Do funeral costs come out of survivors’ loss?
No. Funeral and burial expenses are a separate PIP benefit. The policy sets an amount between $1,750 and $5,000.
Can the family also sue the at-fault driver?
Often, yes. A wrongful death claim against an at-fault driver can recover losses that PIP does not pay, including the family’s loss of companionship and losses beyond the PIP limits and three-year period.