Who Pays For Funeral Costs After A Loved One Dies In A Car Crash?
Losing a loved one in a car crash is one of the most devastating experiences a family can face. Along with the emotional toll, the financial burden of funeral expenses can be overwhelming. In Michigan, determining who is liable for covering these costs depends on the circumstances surrounding the motor vehicle accident and the insurance policies involved. Michigan’s no-fault insurance system can provide some financial relief, but there may be additional options available to the victim’s family. Understanding these options can help families navigate this difficult time and seek the support they need.
Michigan law allows for certain benefits to be paid through no-fault insurance policies. That monetary compensation can help with funeral and burial costs. However, the details can vary depending on the specific policy and the nature of the accident. In some cases, other avenues for compensation may also come into play, such as wrongful death lawsuits or liability insurance from the at-fault driver. Below, we discuss these options and how they apply to Michigan families coping with the loss of a loved one.
Michigan’s No-Fault Insurance And Funeral Costs
Michigan accident cases operate under a no-fault insurance system, which means that each driver’s insurance policy is responsible for covering certain costs, regardless of who caused the accident. For families who have lost a loved one in a car crash, this can include coverage for funeral and burial expenses under personal injury protection (PIP) benefits.
Under Michigan law (MCL 500.3107), no-fault insurance policies are required to provide up to $5,000 in funeral and burial expenses. These benefits are paid to the deceased person’s family. These benefits can be used to cover costs associated with funeral services, burial, or cremation. However, this amount may not cover all expenses, and families may need to explore additional options to recover the remaining costs.
When Liability Insurance May Be Involved
If the accident was caused by another driver’s negligence, liability insurance from the at-fault party may also play a role in covering funeral costs. In Michigan, a wrongful death claim can be filed to seek compensation for expenses and losses resulting from a fatal car accident. Funeral and burial costs are often included as part of the damages sought in these claims.
Under Michigan’s wrongful death statute (MCL 600.2922), the deceased person’s family members may be eligible to file a claim. This can include the spouse, children, parents, or other dependents of the deceased. In addition to funeral expenses, wrongful death claims can also address other damages, such as loss of financial support and emotional pain and suffering.
Uninsured And Underinsured Drivers
In cases where the at-fault driver is uninsured or does not have enough coverage to pay for funeral expenses, other options may be available. Families can turn to their own insurance policies if they have uninsured/underinsured motorist coverage. This type of policy can provide additional compensation when the at-fault driver cannot cover the costs.
Michigan law requires insurance companies to offer uninsured/underinsured motorist coverage as an optional add-on, and many drivers choose to include it in their policies. This coverage can help bridge the gap when other sources of compensation fall short.
Filing A Wrongful Death Claim In Michigan
Filing a wrongful death claim can be a complex process, but it may be the best way for families to recover compensation for funeral costs and other losses. In Michigan, the personal representative of the deceased person’s estate is responsible for filing the claim on behalf of the family. The claim must be filed within three years of the accident to meet the statute of limitations.
To succeed in a wrongful death claim, it must be proven that the at-fault party’s negligence directly caused the death of your loved one. This may require evidence such as police reports, witness statements, and expert testimony. An experienced attorney can help guide families through this process and advocate for their rights.
Wrongful Death Claim FAQs
Who Pays Funeral Costs If The Accident Was Caused By Another Driver?
When another driver is at fault for the accident, their liability insurance may cover funeral and burial expenses. In Michigan, these costs can also be included in a wrongful death claim filed by the deceased person’s family. The claim seeks to recover damages from the at-fault driver’s insurance company. If the at-fault driver lacks sufficient coverage, uninsured/underinsured motorist coverage from the family’s policy can provide additional compensation.
What If My Loved One Did Not Have No-Fault Insurance?
If your loved one did not carry no-fault insurance, you might still be able to access PIP benefits if they were covered as a passenger or pedestrian under someone else’s policy. Additionally, a wrongful death claim or uninsured motorist coverage may provide financial assistance for funeral costs. Michigan law requires careful consideration of all insurance policies involved to identify available options.
Can Funeral Expenses Be Recovered Through A Wrongful Death Claim?
Yes, funeral and burial costs are among the damages that can be recovered through a wrongful death claim in Michigan. This type of claim seeks compensation for expenses and losses resulting from the death, including medical bills, funeral costs, and emotional pain. The personal representative of the deceased person’s estate files the claim on behalf of the family.
How Does No-Fault Insurance Cover Funeral Costs?
Michigan’s no-fault insurance system includes up to $5,000 for funeral and burial expenses under personal injury protection (PIP) benefits. These funds are paid to the deceased person’s family and can be used to cover a variety of funeral-related expenses. However, additional funds may be needed if the costs exceed this limit, requiring families to pursue other sources of compensation.
What Happens If The At-Fault Driver Is Uninsured?
If the at-fault driver is uninsured, families may still have options to recover funeral costs. Uninsured/underinsured motorist coverage can provide compensation when the responsible party lacks sufficient insurance. Families should review their own policies to determine if this type of coverage is available.
Call Our Detroit Fatal Auto Accident Attorneys For Your Free Consultation
Losing a loved one in a car accident is a life-changing event, and the financial burden of funeral expenses only adds to the pain. At Ravid & Associates, P.C., we are here to support you during this difficult time. If you need help understanding your options for covering funeral costs or pursuing compensation through a wrongful death claim, we are ready to assist. To receive a free consultation, contact our Detroit auto accident attorneys at Ravid & Associates, P.C. by calling (248) 948-9696. Our team represents clients in Detroit and across the state of Michigan from our offices in Southfield, Michigan. Let us help you seek the justice and financial relief you deserve.
