QuestionMy daughter died driving someone else's vehicle recently and I want to know can my Grandson file a claim against her auto insurance? And can he file a claim against the owner of the vehicles insurance.
AnswerDear John,
It surely is a terrible loss when we have to bury our own children. My prayers go out to you and the family for peace and resolution of this loss.
As for filing a claim versus someone's insurance, that depends upon the nature of the claim and the insurance contract.
How about if I tell you the circumstances wherein a claim could be filed versus her own insurance and the car owner's insurance?
If someone else caused the accident, then your grandson may have a claim against that person. If that person has no insurance or insufficient insurance to pay the full value of the wrongful death claim, then that opens up the car owner's insurance for an Underinsured Motorist Coverage (UIM) claim.
If THAT UIM insurance does not have enough to compensate for the wrongful death, then your daughter's UIM can be opened to cover the loss.
The other ways for insurance to cover would be if she incurred any medical billings or if either policy had a PIP death benefit payment.
The final way in which he could claim would be if the owner were somehow negligent and his breach of duty caused the accident. This could be failure to maintain a vehicle, or maybe letting your daughter get behind the wheel if she were incapacitated (although assumption of the risk is a possible defense).
I cannot think of any other common insurance provisions that would pay out to a survivor in the absence of proving fault against someone other than your daughter. Thus, I would present the question to a personal injury attorney inasmuch as she will be able to sort through the facts and to come up with possible theories of negligence that will lead to a recovery. There is no charge to have that consultation.
Best wishes to you and to your family in dealing with this tragic loss,
Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com
