QuestionQUESTION: My father was a truck driver, and was killed in an accident in September. His employer's insurance company just sent me 2 checks for a total of $5000. It cost me twice that for his funeral? Does this sound right? I've never had anything like this happen and I have so many people telling me so many different things. I was his only child, and he was not married at the time. So as you can imagine...I am dealing with quite a lot right now. His boss and insurance seem to be so nice, but the truth is...I wouldn't know if any different. I just can't believe that my dad lost his life working for that company, and $5000 is all they have to pay. I have NOT deposited the checks. Can you help me?
Thanks for your time,
Kristi
ANSWER: What's are the checks for?
What do the checks say on their face or on the stubs as to what they are for?
Your father probably had various benefits with his employer and what you have there is probbaly the payout for one or more of those benefits.
Was your dad in the course and scope of his employement when he was killed? If so he should be entitled to Workers Compensation.
Answer the above and I will further asist..
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QUESTION: Thank you for responding. The checks are worded this way. One says Supplementary Death Benefit and the other says Funeral expenses.
Yes, he died while making a delivery. Here is the part I don't understand. His employer had him listed as CONTRACT LABOR. (therefore he wasn't providing my dad with health or life insurance. My dad was even paying his own taxes.)
If it matters...this was a Peter Built (day cab) with a flatbed trailor hauling an empty storage container. Do you have to carry certain coverage depending on the vehicle and what you are hauling??
Really, thanks for your help,
Kristi
ANSWER: The scenario you provide is a tad odd.
Suggest you call the insurance compnay (ies) issuing the payments and ask them exactly what the payments represent.
You must have been listed as a beneficiary on the policy (ies) for the draft to come to you. Confirm that with the issuing company (ies).
Did your father have an Estate upon his passing? If so, what is the status of that Estate (open/closed)?
I would not cash either of the drafts until I had a solid handle on what side is UP.
If your dad was "contract labor" then he would more than likely not be entitled to Work Comp as he was an independent contractor.
Was your dad's accident/passing some other party's fault? If so did someone make a Wrongful Death claim for the Estate's or your dad's benefit? If so, what the status of that matter?
Sorry to ask you as many questions as you have ask me but I am trying to sort this all out.
Get back to me with the additionally requested info and I'll try to further assist.
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QUESTION: The reason why the checks were made out to me, is because he did not have any kind of life insurance. We had to pay out of pocket for his funeral and plot. (about 10,300)
When my dad's insurance company contacted me...he sent me an
Affidavit Of Heirship that I had to go and get notarized and send back to him along with Death certificate, receipts, police reports...etc.
There is no estate. He was a hard-working man who went to work everyday. He had bills and nothing completely paid off. There is no will or anything like that, only bill collectors looking for money that is not there!
The FAULT unfortunately could not be determined. The only person who died...was my dad. He managed to get a huge truck accross all lanes over to the side, only hurting himself. He had driven a big truck all of my life. Nothing about that day made any sense. So many unanswered questions.
I'm a little confused about the wrongful death part of your question. There are none that I know of. I have not heard from my dad's employer since the day of the funeral.
AnswerThanks for the additional info.
I realize that this is probably painful.
Was the vehicle your father was driving at the time of his death a vehicle he owned or that was providing by the company he was driving for?
Did you ever request and review the official police report covering the accident to see if there is a culpable party other than your father?
In most states a Wrongful Death action (suit) must be field within 1-2 years of the date of loss/accident (Statute of Limitations).
I would want to make sure that there is no actionable claim(s) to be made.
I would write a formal/official letter to the company your father was driving for at time of the accident and ask whatever questions you want to ask... your father's employment status at time of accident, what benefits he had from the company (either that he paid for himself or where provided by the company for free or on a shared payment basis). If your father was a contract employee ask for a copy of that contract for review purposes... Ask for a copy of any file(s) (personal, etc) that the company may have had on your father.
This request may scare the company and they may object to some of all of the requests I am suggesting... don't let that deter you.
If they holler a lot that would be a RED FLAG for me at which point in time I would consider retaining counsel to review the situation.
We're flushing out the issues that need to be looked into and fully developed.
