February 21, 2021 | 
Accidents happen all the time and unfortunately, people get injured. But what if the car insurance policy holder dies? Is the insurance company required to pay?
When a person dies in a car accident, one of the driver’s insurance companies will cover the damages. However, which company will pay, how much will they pay, and what damages will be covered, will depend mainly on the type of the accident.
If your loved one was killed in a car crash, you should file for a compensation claim. Even though moments like that are harsh, you shouldn’t delay the claim. Consult with a New York car accident attorney if you find yourself in such a situation.
Which Insurance Company Pays When a Person Dies?
In most cases, the at-fault driver’s insurance company will be the one that pays for the damages and injuries, including death. If the driver has auto insurance, then their insurance company is responsible for the damage.
If you’re a victim of a car accident or have lost a loved one in a crash, you should file an insurance claim to seek a settlement. However, things don’t go smooth, since insurance companies aren’t fond of paying high settlements. They may use some of these tactics:
- The company may offer a lowball settlement upfront in hope that you’ll accept it because you’re desperate.
- They may try to get info that can be used against you.
- The company may intimidate the victim and their family.
In case the victim dies in a car accident, their family will file for the damages.
Who Will Get the Settlement When a Person Dies in a Car Crash?
The victim’s family should be able to file a compensation claim if their loved one dies in a car accident.
Usually, the surviving spouse, children (if there’s no spouse), or parents (if there’s no spouse or no children) can file the compensation claim.
If the victim has children and a spouse, the spouse can file a wrongful death claim, but the settlement must be shared with the children. The spouse should get at least one-third of the compensation no matter how many children the deceased had.
How Much Does the Insurance Company Pay to the Deceased’s Family?
The amount the insurance company will pay will depend on the degree of fault of the driver who caused the accident, the total damages the deceased and their family face because of the accident, and if the family has legal representation.
Wrongful death claims may include medical bills, funeral and burial costs, property damage, as well as pain and suffering the victim experienced before the death.
When filing for this claim, the family of the deceased person will have to show that the at-fault driver was negligent and that their loved one died because of the accident.
Insurance companies aren’t eager of paying high amounts, but this shouldn’t be the case if you have a skilled attorney by your side.
In case the other driver is uninsured, you should ask your insurance carrier about such a case. If your policy has underinsured or uninsured coverage, it could save you if the other driver isn’t able to pay for the damages.
What to Do If a Loved One Dies in a Car Accident?
Although during times like these people can hardly think of anything else, it’s important to consult an experienced wrongful death lawyer as soon as possible. The lawyer would help you file the compensation claim. Facing the insurance company on your own might be stressful and in a time of mourning, it’s the last thing you want.
Your attorney works on the case so you do not have to worry about what to do.
If the insurers offer a low settlement, your attorney would certainly advise you not to accept it. There will be negotiation until you get a suitable offer.
Many people end up with lower settlements because they fear that the company won’t offer anything higher, out of desperation, or simply because they want to get over with that and simply have at least something.
Don’t rush this, no matter how painful it was. Not only will the claim cover the medical expenses and property damages, funeral, and burial fees, but also will help you move on with your life. If you’re looking for an experienced attorney in this area, the Cellino Law attorney team is here for you. Allow us to review your case.
Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.