Losing a family member in a car crash is one of the most sudden and difficult experiences a family can face. Along with grief, families may be confronted with practical, insurance, and legal questions they were never prepared to answer. Understanding some of the steps that may follow a fatal crash in Michigan can help families know where to begin.

Immediate Steps After a Fatal Crash

If you learn that a family member has died or is critically injured in a crash, the first priority is getting accurate information from the appropriate authorities. Michigan State Police and local law enforcement agencies investigate crashes throughout the state and can provide information about the investigation.

A UD-10 Traffic Crash Report is completed for reportable crashes and submitted to the Michigan State Police. According to MSP, it typically takes 3 to 30 days after a crash for the report to be processed and made available online, although timing depends on the reporting agency.

If the crash involved a fatality, the case may be referred to the county prosecutor’s office if criminal charges are being considered, such as in cases involving suspected impaired driving, reckless driving, or a hit-and-run. The criminal process and any potential civil proceedings are separate and may move on different timelines.

Notification of Next of Kin

Law enforcement agencies generally work to notify next of kin following a fatal crash before publicly identifying the person who died. If you have not received official information but believe a family member may have been involved in a crash, you can contact the law enforcement agency with jurisdiction over the crash location.

In Macomb County, for example, the investigating agency could be a local police department, the Macomb County Sheriff’s Office, or the Michigan State Police, depending on where the crash occurred.

Probate and Wrongful Death Claims

If a potential wrongful death claim exists, an important early step may be the appointment of a personal representative for the deceased person’s estate. Michigan’s wrongful death statute, MCL 600.2922, requires a wrongful death action to be brought by and in the name of the personal representative of the deceased person’s estate.

The process of appointing a personal representative generally involves the probate court. An attorney can help families determine what probate steps are necessary while also evaluating whether a potential wrongful death claim may be available based on the circumstances of the crash.

Insurance Claims and No-Fault Benefits

Michigan’s no-fault system may provide certain benefits following a fatal motor vehicle crash, depending on the deceased person’s circumstances, applicable insurance coverage, and the relationship of the person seeking benefits. There may also be claims involving allowable expenses incurred before death or survivor’s loss benefits in qualifying circumstances.

No-fault claims are subject to specific notice and filing requirements. Under MCL 500.3145, the timing of notice and legal action can affect the ability to recover PIP benefits, making it important to identify applicable coverage and deadlines promptly.

When to Consult an Attorney

Families do not necessarily need to wait for the police investigation to conclude, the prosecutor’s office to act, or probate proceedings to be completed before consulting with a personal injury attorney. Early consultation can provide an opportunity to identify and preserve relevant evidence, determine what insurance coverage may apply, address necessary probate steps, and evaluate whether a wrongful death or other civil claim may be available.

If your family has lost someone in a crash in Macomb, Wayne, or Oakland County, our team may be able to help you understand what comes next. To speak with a Michigan personal injury attorney, contact us today.

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