Auto Insurance Claims: At fault-MVA, policy holder Dies before Settlement with insurance Co., juris doctor, insurance comp

Question
If there is a MVA and the At Fault Policy Holder Dies before Settlement from their Insurance Comp. what happens if there was a bodily injury case pending?  Granted, this person was arrested on the spot for DUI(Pills)and also had a 25 caliber automatic pistol in vehicle. Also, an Attorney had all information from Sept 2006 until April 2007 and did nothing on this case, so I had to get another Attorney, should 1st Attorney be Liable if Insurance Comp refuses to Pay.

Answer
Dear Cindy,

Well, you will be OK if you have a small claim since the insurance company will pay your claim, BUT only up to the amount of the policy limits.  

If you want above that, you will have to make a timely claim versus the estate.  You contact the attorney representing the estate and you file a claim as a creditor of the estate.

In fact it is best practice to file a claim versus the estate RIGHT AWAY since you probably do not know the policy limits when a tortfeasor dies, and unless you do file a creditor's claim, you could find that anything over and above the policy limits is BARRED.  Hence, your claim would be limited to just the policy limits.

Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com