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    rdhall7's Avatar
    rdhall7 Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 7, 2010, 02:00 AM
    Auto Accident Settlement for Death
    My son was helping some friends take some stuff back to NY. On the way back the driver fell asleep and rolled the vehicle. He was thrown from the vehicle and died on the way to the hospital. The insurance company is saying that the death benefit is 25,000.00. Is that all for my son's life, or should I get a lawyer?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jan 7, 2010, 05:17 AM

    What is the maxium liablity that the drivers insurance pays per person, and per accident.

    The life is worth millions, but no one carries that much, if you will a million but the max the insurance pays is 25,000 you will never see the other money anyway unless the family is rich.

    So first find out what amount is the max they can pay under their insurance for this and then that would be the figure to look at. Since winning more normally gives you nothing
    nikosmom's Avatar
    nikosmom Posts: 1,611, Reputation: 488
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    #3

    Jan 7, 2010, 01:03 PM

    There's a chance that an attorney could get you a settlement against their property or future earnings. It just all depends on the amount of their assets if you'd have a chance at winning much.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #4

    Jan 7, 2010, 01:34 PM

    I am sorry to hear of your loss. The insurance company sells policies in a wide variety of coverasge. This may be what the driver bought and all they are willing to pay. That does not mean the drover's liability is limited to $25K just the insurance companies limits. You could get more if more is to be had.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Jan 7, 2010, 01:58 PM

    What the insurance company is saying is that their policy coverage pays out a max of $25K if their insured causes the death of someone.

    Whether you can get more from the insurer is unlikely, whether you can get more from the driver depends on the driver's circumstances. I would consult an attorney who can advise whether you have a chance of getting more.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Jan 13, 2010, 07:46 AM

    Agree with everyone - the insurance company (and OP can ask for written verification) is "throwing in the policy" - paying the entire face value of the insurance without quibbling.

    In NY - and I realize it's harsh because I had to deal with this in my own family - all lives are not "worth" the same amount. A person supporting a wife and children is deemed to be "worth" more than a single person. An elderly person's life is "worth" less than a younger person with dependents. Not saying it's fair - and it appears that has nothing to do with this situation.

    Also pain and suffering enter into the settlement - and an investigator works to see if there was pain and suffering.

    Again, sounds to me like the policy is being thrown in.

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