Key points
- Michigan's Crime Victim Compensation program can pay people injured as a direct result of a crime causing bodily harm or death, including an OWI crash, and eligible relatives.[1]
- A claim must be filed within 5 years after the crime, under the law as amended by 2022 PA 78, effective 12 August 2023; the commission may extend it for good cause.[2][3]
- The crash must have been reported to police, but no one has to be convicted.[4][5]
- Compensation is the payer of last resort: insurance and other sources come first, and awards are reduced by those payments.[6]
- The total award is capped at $45,000 per claimant, with limits such as $8,000 for funeral costs and $1,000 a week for lost earnings.[7]
If you were injured, or a family member was killed, in a crash caused by an impaired driver, Michigan's Crime Victim Compensation program may pay costs that insurance and other sources do not. The program covers people who suffer personal injury as a direct result of a crime causing bodily harm or death, which includes an OWI that injures or kills someone, and certain relatives.[1] Claims must be filed within 5 years after the crime, and the crash must have been reported to police.[2][4]
The program is run by the Crime Victim Services Commission within the Michigan Department of Health and Human Services (MDHHS).[8] This page explains who can apply, what it pays, the limits, and how to apply.
Who can apply
Besides the injured victim, the people eligible for an award include:[9]
- Relatives of the victim by blood or marriage to the second degree, including a child born after the victim's death.[9]
- A person in a dating relationship with the victim at the time of the crime.[9]
- A person who paid or took on the victim's funeral or burial expenses.[9]
- A person who was a household member at the time of the crime, subject to proof of residence.[9]
- A dependent who lost support because the victim died.[9]
Two groups are excluded. A person who is criminally responsible for the crime, or an accomplice, is not eligible.[10] And if the victim's own misconduct contributed to the injury, the commission must reduce the award or reject the claim.[10]
The basic requirements
- A reported crime. The commission may not grant an award unless its investigation verifies that a crime was committed, that it directly injured the victim, and that police records show it was reported to the proper authorities.[4]
- No conviction needed. Claims are decided whether or not the person who committed the crime was caught, prosecuted, convicted or acquitted, unless that result came from the victim's willful non-cooperation.[5]
- A minimum loss. The claimant must have an out-of-pocket loss of at least $200, or at least 5 days of lost earnings or support; the commission may waive this for claimants retired by age or disability.[11]
- The deadline. File no later than 5 years after the crime; the commission may extend that for good cause.[2]
The 5-year filing deadline is in the law as amended by 2022 PA 78, effective 12 August 2023, which lengthened the filing period for claims submitted on or after that date. Older web pages may still show a shorter deadline.[2][3]
What compensation can pay for
An award is limited to out-of-pocket loss from the personal injury, including debts reasonably incurred for necessary medical or other services, plus lost earnings or support.[12] Covered unreimbursed expenses include:[12]
- Medical care for the victim.[12]
- Psychological or grief counseling for the victim and eligible family members.[12]
- Replacement services for homemaking, child care and other tasks the injured person can no longer do.[12]
- Transportation to medical or mental health care, to victim services, or to a victim's funeral, within dollar caps.[12]
- Accessibility or rehabilitative equipment, including modifications to make a home or vehicle accessible.[12]
Award limits
| Item | Limit |
|---|---|
| Total award | $45,000 per claimant[7] |
| Funeral expenses | $8,000 per victim, plus up to $500 for a grave marker[7] |
| Lost earnings or support | $1,000 per week[7] |
| Psychological or grief counseling | 35 hourly sessions per person[7] |
How compensation fits with insurance and no-fault
MDHHS calls the program the "payer of last resort": private insurance or other public funds, if available, must be used first.[6] By statute, an award is reduced by payments received or to be received from the person who committed the crime and from insurance.[6] The reduction rule refers to insurance in general and does not mention Michigan no-fault benefits by name, so the commission is the place to ask how any personal protection insurance benefits will be counted.[6] For those benefits, see no-fault benefits when the driver was intoxicated.
Compensation also interacts with the criminal case. The sentencing court must order restitution to the commission to the extent it compensated the victim, but restitution owed to the victim is paid first.[13] Restitution a victim receives reduces a later compensation award.[13] See crime victims' rights in OWI cases for restitution.
How to apply
- Get the police report number. In a serious-misdemeanor case the police must give you written information about compensation within 24 hours of first contact, and in a felony case they must give you the address of the compensation board.[14][15]
- Ask for help if you want it. MDHHS says county prosecutors can help complete the application, and it runs a victim-only toll-free helpline at 877-251-7373.[8]
- Submit the application. MDHHS prefers email to MDHHS-MichiganCrimeVictim@Michigan.gov or fax to 517-335-2439; mail goes to the Crime Victim Services Commission, Grand Tower, Suite 1113, 235 South Grand Avenue, PO Box 30037, Lansing, MI 48909.[8]
- Wait for the decision. MDHHS says review can take from one day to six months.[16]
- Appeal if needed. Appeal in writing to the commission within 30 days after the decision, and to the Court of Appeals within 30 days after the commission's final decision.[16]
Application forms and current instructions are on the MDHHS applying for compensation page.
Records to keep
- Every medical, counseling and pharmacy bill, with insurance explanations of benefits showing what was and was not paid.
- Pay stubs or employer letters showing missed work.
- Funeral home invoices and receipts, if a loved one died.
- Mileage and parking records for medical visits.
Other sources of help and recovery
Compensation is one route among several. A civil suit against the driver, a claim against a bar that served a visibly intoxicated driver, and your own no-fault benefits each have their own rules and deadlines; see rights of people injured by impaired drivers, suing an impaired driver and Michigan's dram shop law. MADD offers free victim advocacy, including help with compensation applications, 24 hours a day at 1-877-MADD-HELP (1-877-623-3435).[17]
Common questions
How long do I have to apply for crime victim compensation in Michigan?
A claim must be filed no later than 5 years after the crime, and the Crime Victim Services Commission may extend that period for good cause on the claimant's petition.[2] The 5-year deadline is in the law as amended by 2022 PA 78, effective 12 August 2023, and that act lengthened the filing period for claims submitted on or after that date, so websites quoting a shorter period may be out of date.[2][3]
Can I get compensation if the drunk driver was never convicted?
Yes. A claim is investigated and decided regardless of whether the person alleged to have committed the crime was caught, prosecuted, convicted or acquitted, unless that result came from the victim's willful non-cooperation with police or the prosecutor.[5] The commission does need to verify that a crime was committed and that police records show it was reported.[4]
Does compensation pay for my damaged car?
The statute frames an award around out-of-pocket loss resulting from the personal injury, plus lost earnings or support.[12] Its list of covered expenses centers on the injury, such as medical care, counseling, replacement services and accessibility equipment including vehicle modifications for an injured victim; ordinary vehicle repair is not named.[12] Ask the commission about any specific cost. For vehicle damage, Michigan's no-fault law allows a claim of up to $3,000 against the at-fault driver for crashes after 1 July 2020.[18]
Can the impaired driver or a passenger who rode along apply?
A person who is criminally responsible for the crime, or an accomplice, is not eligible.[10] The commission must also decide whether the victim's own misconduct contributed to the injury and may reduce or reject the claim on that basis.[10] How that applies to a particular passenger is a commission decision.
What if my claim is denied?
MDHHS says a victim or claimant may appeal in writing to the Crime Victim Services Commission within 30 days after receiving the decision, and may seek review in the Court of Appeals within 30 days after receiving the Commission's final decision.[16]
Sources
- MCL 18.351(c), (k); MCL 18.354(1) — Michigan Legislature
- MCL 18.355(2), (3) — Michigan Legislature
- Senate Fiscal Agency, Bill Analysis, H.B. 4674 (H-3) & 4675 (H-2), summary of bill reported from committee (date completed 4-19-22); 2022 PA 78 (effective date August 12, 2023) — Michigan Legislature
- MCL 18.360 — Michigan Legislature
- MCL 18.356(2) — Michigan Legislature
- MDHHS, What is Crime Victim Compensation; MCL 18.361(7) — Michigan Department of Health and Human Services
- MCL 18.361(1), (3)–(6) — Michigan Legislature
- MDHHS, Applying for Compensation — Michigan Department of Health and Human Services
- MCL 18.354(1)(a)–(c), (e), (g) — Michigan Legislature
- MCL 18.354(2); MCL 18.361(8) — Michigan Legislature
- MCL 18.354(3) — Michigan Legislature
- MCL 18.361(1), (2)(a), (b), (d), (e), (g) — Michigan Legislature
- MCL 780.766(8), (9); MCL 780.826(8), (9) — Michigan Legislature
- MCL 780.813(1) — Michigan Legislature
- MCL 780.753 — Michigan Legislature
- MDHHS, What is Crime Victim Compensation — Michigan Department of Health and Human Services
- MADD, Victim Assistance / Get Help — madd.org
- MCL 500.3135(3)(e), (4)(c) — Michigan Legislature
This page is general legal information about Michigan law, published by the office of Attorney Shawn Haff. It is not legal advice and reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts — check the sources linked above and talk to a licensed Michigan attorney about your situation. In an emergency, call 911. For confidential help with alcohol or drug use, the SAMHSA National Helpline is 1-800-662-4357.