Michigan No-Fault Law, section by section › MCL 500.3110
Dependents of deceased person; termination of dependency; accrual of personal protection benefits.
In plain terms
A spouse living with the deceased and children under 18 (or older but incapacitated from earning) are conclusively presumed dependents; other dependency questions turn on the facts at the time of death. A surviving spouse's dependency ends on death or remarriage. Subsection (4) states the accrual rule that drives the deadlines in section 3145: PIP benefits accrue as each expense or loss is incurred, not when the injury happens.
How this section works in practice
Section 3110 decides who receives survivor's loss under section 3108 and states a rule that affects every PIP claim. A wife living with her husband, a husband living with his wife, and a child under 18 (or older but incapacitated from earning) who lives with or is supported by the parent are conclusively presumed to be dependents. Everyone else, including an unmarried partner or an adult child, must prove actual dependency on the facts as they stood at the time of death. A surviving spouse's dependency ends on death or remarriage; a child's ends at 18 unless the child is incapacitated or a full-time student.
Subsection (4) is the accrual rule: PIP benefits accrue not when the injury occurs but as each allowable expense, work loss or survivor's loss is incurred. That single sentence is why the one-year-back rule in section 3145 works the way it does, why a claim can be "open" for decades while new expenses keep accruing, and why the date a bill is incurred, not the date of the crash, is the date that matters for limitation purposes.
Text of MCL 500.3110
Sec. 3110.
(1) The following persons are conclusively presumed to be dependents of a deceased person:
(a) A wife is dependent on a husband with whom she lives at the time of his death.
(b) A husband is dependent on a wife with whom he lives at the time of her death.
(c) A child while under the age of 18 years, or over that age but physically or mentally incapacitated from earning, is dependent on the parent with whom he lives or from whom he receives support regularly at the time of the death of the parent.
(2) In all other cases, questions of dependency and the extent of dependency shall be determined in accordance with the facts as they exist at the time of death.
(3) The dependency of a surviving spouse terminates upon death or remarriage. The dependency of any other person terminates upon the death of the person and continues only so long as the person is under the age of 18 years, physically or mentally incapacitated from earning, or engaged full time in a formal program of academic or vocational education or training.
(4) Personal protection insurance benefits payable for accidental bodily injury accrue not when the injury occurs but as the allowable expense, work loss or survivors' loss is incurred.
History: Add. 1972, Act 294, Eff. Mar. 30, 1973
Source: MCL 500.3110 at legislature.mi.gov (official text). Text as published in the 2025 Michigan Compiled Laws; reviewed by Koussan Law on September 15, 2026.
Sections that refer to this one
- MCL 500.3116: PIP and Tort Recoveries
- MCL 500.3135: Serious Impairment Threshold and Mini Tort
Practice pages
Important: This is not legal advice
This article is general information about Michigan personal injury law. It is not legal advice and should not be relied on as a substitute for consultation with a licensed Michigan attorney about your specific situation. The laws, deadlines, procedures, and frameworks here are general guidelines that may or may not apply to your case.
Every personal injury case turns on its own unique facts. The timing, the parties, the evidence, the jurisdiction, the insurance available, and dozens of other variables can change the legal analysis. Do not rely on anything written on this website to make decisions about your case.
If you have been injured in Michigan, the only responsible step is to speak with a licensed Michigan attorney about your specific facts. Call Koussan Law at (313) 800-0000 for a free consultation, or contact a different Michigan personal injury attorney of your choosing.
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