Michigan Compiled Laws

Mich. Comp. Laws § 500.3109 (2026)

Subtraction of other benefits from personal protection benefits; injured person defined; deductible provision.

✓ current as of July 2026

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THE INSURANCE CODE OF 1956

Act 218 of 1956

500.3109 Subtraction of other benefits from personal protection benefits; injured person defined; deductible provision.

Sec. 3109.

(1) Benefits provided or required to be provided under the laws of any state or the federal government shall be subtracted from the personal protection insurance benefits otherwise payable for the injury under this chapter.

(2) An injured person is a natural person suffering accidental bodily injury.

(3) An insurer providing personal protection insurance benefits under this chapter may offer, at appropriately reduced premium rates, a deductible of a specified dollar amount. This deductible may be applicable to all or any specified types of personal protection insurance benefits, but shall apply only to benefits payable to the person named in the policy, his or her spouse, and any relative of either domiciled in the same household.

History: Add. 1972, Act 294, Eff. Mar. 30, 1973 ;-- Am. 2012, Act 454, Imd. Eff. Dec. 27, 2012

Constitutionality Notes:

In O'Donnel v State Farm Mutual Automobile Insurance Company, 404 Mich 524; 273 NW2d 829 (1979), the Michigan supreme court held that MCL 500.3109(1) does not violate the due process clause or the equal protection clause of the state or federal constitutions.

In Underhill v Safeco Insurance Company, 407 Mich 175; 284 NW2d 463 (1979), the Michigan supreme court held that subsection (3) of this section authorizing the commissioner to approve deductibles was not an unconstitutional delegation of authority.

The Michigan supreme court in Mathis v Interstate Motor Freight System, 408 Mich 164; 289 NW2d 708 (1980), held that MCL 500.3109(1) as applied to workers' compensation benefits is sustainable under the equal protection clause of the Michigan constitution.

PopularName Notes:

Act 218

PopularName Notes:

Essential Insurance

PopularName Notes:

No-Fault Insurance

Notes of Decisions

Cited in 180 cases (14 in the last 5 years), 1976–2026 · leading case: O'Donnell v. State Farm Mut. Auto. Ins., 273 N.W.2d 829 (Mich. 1979).

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O'Donnell v. State Farm Mut. Auto. Ins., 273 N.W.2d 829 (Mich. 1979). · cites it 18× “" [3] MCL 500.3109; MSA 24.13109. A similar set-off, however, is not likewise mandated with respect to an insured's directly financed *554 private, collateral insurance benefits.”

O'Donnell v. State Farm Mut. Auto. Ins., 245 N.W.2d 801 (Mich. Ct. App. 1976). · cites it 20× “[1] A remand seems particularly appropriate in light of the majority's statement in n 2, that no proof was presented that MCLA 500.3109; MSA 24.13109, results in cost reduction.”

LeBlanc v. State Farm Mut. Auto. Ins., 301 N.W.2d 775 (Mich. 1981). · cites it 14× “13109 is constitutional if it is construed to allow *189 a no-fault insurer to set off for Medicare benefits".”

Popma v. Auto Club Ins. Ass'n., 521 N.W.2d 831 (Mich. 1994). · cites it 10× “13107(1), [1] and (2) whether a claimant may subtract the amount of attorney fees paid to secure an award of social security disability benefits from the amount of those benefits subject to setoff pursuant to MCL 500.3109(1); MSA 24.13109(1). [2] We hold that a person who is…”

Tebo v. Havlik, 343 N.W.2d 181 (Mich. 1984). · cites it 8× “13109[1]) and not that they were not governmental benefits under § 3109 (MCL 500.3109; MSA 24.13109). [59] The Legislature has dealt with the question whether certain duplicative recoveries should be deducted from or offset against PIP benefits.”

Workman v. Detroit Auto. Inter-Ins. Exch., 274 N.W.2d 373 (Mich. 1979). · cites it 6× “nt of April 18, 1975: "Comes now the above named plaintiff and amends her complaint by addition to the prayer for relief as follows: "(e) determine that benefits payable to plaintiff under the No-Fault Automobile Insurance Statute are not subject to reduction by benefits paid or…”

Adanalic v. Harco Nat'l Ins. Co., 870 N.W.2d 731 (Mich. Ct. App. 2015). · cites it 5× “However, Millers appears to conflate the setoff provision of MCL 500.3109(1) and the exclusion provision of MCL 500.”

Wysocki v. Detroit Auto. Inter-Ins. Exch., 258 N.W.2d 561 (Mich. Ct. App. 1977). · cites it 15× “MCLA 500.3109(1); MSA 24.13109(1). Plaintiff also con *567 tended that the policy provision to the same effect was contrary to the spirit and intent of the law and was thus unenforceable.”

Dunn v. Detroit Auto. Inter-Ins. Exch., 657 N.W.2d 153 (Mich. Ct. App. 2003). · cites it 6× “§ 500.3109(1). In Sibley, supra at 170 , 427 N.”

Great Am. Ins. v. Queen, 300 N.W.2d 895 (Mich. 1980). · cites it 6× “[4] Mathis v Interstate Motor Freight System, 408 Mich 164 ; 289 NW2d 708 (1980); MCL 500.3109; MSA 24.13109. [5] "We seek to ascertain and give effect to the intention of the Legislature.”

Mathis v. Interstate Motor Freight Sys., 289 N.W.2d 708 (Mich. 1980). · cites it 4× “(3) Whether § 3109(1), MCL 500.3109(1); MSA 24.13109(1) requires a setoff of the workmen's compensation benefits against the no-fault benefits otherwise due.”

Michigan Educ. Employees Mut. Ins. v. Morris, 596 N.W.2d 142 (Mich. 1999). · cites it 4× “MCL 500.3109(1); MSA 24.13109(1). Section 3109(1) provides as follows: Benefits provided or required to be provided under the laws of any state or the federal government shall be subtracted from the personal protection insurance benefits otherwise payable for the injury.”

Show all 180 citing cases →

— Mich. Comp. Laws § 500.3109(1) — 129 cases

O'Donnell v. State Farm Mut. Auto. Ins., 273 N.W.2d 829 (Mich. 1979). “" [3] MCL 500.3109; MSA 24.13109. A similar set-off, however, is not likewise mandated with respect to an insured's directly financed *554 private, collateral insurance benefits.”

O'Donnell v. State Farm Mut. Auto. Ins., 245 N.W.2d 801 (Mich. Ct. App. 1976). “[1] A remand seems particularly appropriate in light of the majority's statement in n 2, that no proof was presented that MCLA 500.3109; MSA 24.13109, results in cost reduction.”

Popma v. Auto Club Ins. Ass'n., 521 N.W.2d 831 (Mich. 1994). “13107(1), [1] and (2) whether a claimant may subtract the amount of attorney fees paid to secure an award of social security disability benefits from the amount of those benefits subject to setoff pursuant to MCL 500.3109(1); MSA 24.13109(1). [2] We hold that a person who is…”

Workman v. Detroit Auto. Inter-Ins. Exch., 274 N.W.2d 373 (Mich. 1979). “nt of April 18, 1975: "Comes now the above named plaintiff and amends her complaint by addition to the prayer for relief as follows: "(e) determine that benefits payable to plaintiff under the No-Fault Automobile Insurance Statute are not subject to reduction by benefits paid or…”

Adanalic v. Harco Nat'l Ins. Co., 870 N.W.2d 731 (Mich. Ct. App. 2015). “However, Millers appears to conflate the setoff provision of MCL 500.3109(1) and the exclusion provision of MCL 500.”

— Mich. Comp. Laws § 500.3109(2) — 8 cases

Belcher v. Aetna Cas. & Sur. Co., 293 N.W.2d 594 (Mich. 1980).

Allstate Ins. Co v. State Farm Mut. Auto. Ins. Co, 909 N.W.2d 495 (Mich. Ct. App. 2017).

Tucker v. Fireman's Fund Ins., 517 A.2d 730 (Md. 1986).

Allstate Ins. Co v. State Farm Mut. Auto. Ins. Co (Mich. Ct. App. 2017).

Walter Love v. Lashawn Rudolph (Mich. Ct. App. 2025).

— Mich. Comp. Laws § 500.3109(3) — 10 cases

Porter v. Michigan Mut. Liab. Co., 263 N.W.2d 318 (Mich. Ct. App. 1977).

Tebo v. Havlik, 343 N.W.2d 181 (Mich. 1984). “13109[1]) and not that they were not governmental benefits under § 3109 (MCL 500.3109; MSA 24.13109). [59] The Legislature has dealt with the question whether certain duplicative recoveries should be deducted from or offset against PIP benefits.”

Davidson v. Johnson, 262 N.W.2d 887 (Mich. Ct. App. 1977).

Keller v. Losinski, 285 N.W.2d 334 (Mich. Ct. App. 1979).

Michigan Mut. Ins. v. Am. Cmty. Mut. Ins., 418 N.W.2d 455 (Mich. Ct. App. 1987).

— Mich. Comp. Laws § 500.3109(a) — 4 cases

Allstate Ins. v. Michigan Carpenters' Council Health & Welfare Fund, 760 F. Supp. 665 (W.D. Mich. 1991).

Allstate Ins. v. Michigan Carpenters' Council Health & Welfare Fund, 750 F. Supp. 827 (W.D. Mich. 1990).

Allstate Ins. Co. v. Michigan Carpenters'coun. H. & W. Fund, 760 F. Supp. 665 (W.D. Mich. 1991).

Transamerica Ins. Corp. of Am. v. Am. Repub. Ins., 386 N.W.2d 157 (Mich. Ct. App. 1985).

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