My dad got killed by a drunk driver. Which parts of the insurance policy should I try to make a claim against?

lucy

1st off let me start by saying do not get a lawyer and i will explain why.

per your question, it appears that the maximum settlement will be 30K.
a lawyer will take 10K (1/3) leaving your family 20K. do you want to give 10K away?

unless your state allows stacking of policies, which would double or more any limits, they can only pay what the other policy has, which in this case is 30K; since your fathers policy has 30K underinsurance, it becomes void. so in a sense, there is no underinsurance.

underinsurance picks up when the other policy does not have enough coverage, but you have to have more coverage than the other policy.

ie; other policy 30/60/25;
underinsurance 60/120

other policy pays 30K; underinsurance pays 30K totaling 60K; when underinsurace is the same as miniumum limits, in effect you have no underinsurance;

other factors to consider. drunk driver has revoked license and wife charged letting him operate vehicle while impaird. the drunks wife policy may have an exclusion that the drunk was a excluded driver on the policy, if so, the other company will deny coverage and pay nothing. also possible the other company may have an exclusion in their policy that they can deny based on the driver having no license.
either way, the other company pays nothing.

here is what you should do;
1; call your insurance company and report claim. when the claim adjuster calls, have pen/paper ready with list of questions so you can make a decision.
if you have underinsurance, you will most likely have uninsurance coverage. which means if the other company denys coverage, your company takes over and pays your family.
2; clarify limits on the policy and verify maximum that can be paid.

30/60/25; the breakdown is this;
30K max per person per accident
60K max per accident if;;;;;more than 1 person injured/killed; ie 5 people injured, would have to split up the 60K by 5;
25k; that is property damage; ie car
the adjuster will explain if there is stacking in your state. the adjuster will also explain what rights your family has. that is there job;

3; also you need to know survivor rights in your state, which the adjuster can explain. when my brother who was a pedesterian that was hit by a car and subsequently died 3 years ago, his estate which was only my sister and myself were only allowed funeral bills and medical bills only; the reason was that my brother had no wife or children. now in your case, there is your mother who is a survivor and depending on your age or any other siblings if still minors, would be eligible or not;

another reason as one other post; if your dad died at the scene and no medical treatment; your insurance company can explain.

now if for instance, the drunks policy does cover this accident, and you believe the settlement is worth more than 30K which would be valid based on losing your father. you still wont get more. the insurance policy can only pay what the maximum coverage on the policy; no more;;;;;;;;;;they will not issue a check to your family until you sign a release that means that you will not go and sue the other guy.

even if you tried to go after the drunks family; it is doubtful any assets to go after to collect; but again, your own insurance company will run an asset check to see if there are any assets, that is their job.

once again, call your insurance company and get the facts and your rights; they will guide you; if you still want to hire an lawyer, that is ok, but remember, they are entitled to 1/3; if your family can handle on your own, keep that 1/3;

good luck and i am so sorry for your loss.

Susan K

Please accept my sincere condolences for your loss. Since the driver had a revoked lisence are you sure he was not excluded from the policy? If so, you will need to pursue any uninsured coverage you father had on his policy. If he is covered you will need to pursue the liabilty limit of his policy and then pursue your father's underinsured motorist coverage. In some states that coverage can be stacked on multiple vehicles in the household. Sorry I am not familiar w/ NC.
Since you are dealing w/ an estate any settlement will likely need court approval. First just verify coverage for the driver applies. If so, notify your carrier of the estates desire to pursue an underinsured motorist claim. Your fathers policy may also include a death benefit and funeral benefits which are seperate benefits. Good luck and God Bless!

sydkan

Basically you will have the Bodily Injury Coverage of 30k
You would also have an Underinsured Motorist coverage claim on your policy.

You can get an attorney but remember he will take 33% right off the top. Not to be mean but was he dead at the scene or did they take him to the hospital and treat him and he died. If so the medical bills will also be taken from this. Since the limits are not that high they (both his and your insurance) will probaly tender their limits. I would forgo the attorney as the limits are not high enough to matter that much.

An insurance company is only responsible for up to the limits. Your insurance company will run an asset check to see if he had a life insurance policy they can attach to but chances are slim.

Gambit

The other party's insurer will not cover the loss. The wife of the driver violated at least two policy conditions (allowing someone who is unlicensed to operate the vehicle as well as intoxicated), so there is no way the insurer is not going to deny the claim. You will have to seek compensation from you dad's UNINSURED motorist coverage. Therefore ensure that a claim has been filed under his policy and speak with the adjuster. Keep in mind the drunk driver's estate may be zero, but the wife, as owner of the vehicle, is just as liable. Does she have any assets that can be seized to pay a judgment? It might not be a bad idea to speak with a lawyer about pursuing this avenue, but if the lawyer is unwilling and just wants to handle the claim with your dad's insurer tell them to take a hike as you don't need their help with that.

San Diego Baby

make the claim agains his insurance company. not your dad's. it is the other persons fault. they have got to cover your funeral costs to a certain limit. im not sure what nc's limits are. you really need to go through his insurance company. their are also surviver benefits which go to the family. you need to check with you states limits. it would be wise to talk to a lawyer in the case. it seems that his limits are extremely low!!!!! lowest limits in utah are 25/65 but i usually recommend my clients get 100/300 for this reason! you need to talk to a lawyer! and i am sorry to hear about your loss!

ken k

quit fooling around get a lawyer/he will take it for a piece of the settlement his end is usually 25 to 30% other wise you are in over your head

Benjamin

Sorry to hear that my friend, but i don't know.

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