Florida Auto accident resulting in death?
Tuesday, May 25th, 2010 at
2:43 am
Wayne S asked:
A friend was killed recently in auto crash due to having a heart attack, without a pre-existing condition, he died instantly at the wheel and his vehicle went out of control. His vehicle hit another vehicle and tragically killed the passenger in the vehicle, a mother and wife of two children. My friends widow even in her grief is concerned that the other family may file a law suit against her for wrongful death. I advised her to seek legal advice from an attorney, but, I am curious as to the answer to this situation as I considered this might fall under an Act of God or something.
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I would tell her not to worry. And no attorney is necessary. Thats what insurance is for. If they do sue, they will have to go through the insurance company. And if they do file a claim against her personally…even then you insurance company should provide legal council.
What a shame for all parties. I use to be a police officer in Virginia. I would seek legal advise just to be sure. The other victims can go after your friends Insurance policy limits. If they had a $100000 accidental on there policy they can most likely recieve this. Only time will heal both parties.
Good Luck
Answer from a General Insurance Agent
Firstly, my condolences to all parties.
I must admit this is unusual but not unheard of.
I believe that losses to life and property of the other vehicle will be covered under your deceased friend and his wife’s liability coverage. The company will likely pay out the maximum limits with little delay.
The loss of your friend and his wife’s property will be covered under the comprehensive and collision portions her policy.
Any death benefits, if available will also likely be paid promptly.
Acts of god usually termed in the modern policy language as Acts of Nature are generally used to describe weather related phenomena.
There is really no way to predict whether the other family will file a suit. Sometimes people are not aware that insurance companies are ready and willing to pay for legitimate losses through the normal claims procedure. I guess it depends if they are knowledgeable and whether some attorney convinces them that they need to sue.
If the other party does decide to sue the surviving spouse and or estate of your friend. Your friends insurer has a duty to defend her in court up to the specified limits of the policy from claims for losses covered under the auto policy. The insurer does not have to defend against claims for losses that are not covered under the policy.
Wrongful death is generally applied when a death is the result of some unlawful or negligent action. I think the other party would have great difficulty proving wrong doing, which is necessary to prove a Wrongful Death in any suit.
I would advise your friend to bide some time and just wait and see if they do file a suit before hiring an attorney,
An unforeseen natural death, although doubly tragic in that it resulted in another death, As described, this is an accident in the truest sense.
Take care and best wishes.
I very much doubt that any wrongful death suit can be brought against the spouse in this case — besides, their insurance will defend her against any suit that may come. The sad fact is that a dead body isn’t worth as much as a horribly injured one. I know that’s a gruesome way to look at it but it’s simply the truth — so the family/spouse of the other party will likely settle with the insurance company. The problem with ’seeking advice from a lawyer’ is that it’s like asking a dog if it’s hungry — lawyers only and always, 100% of the time, work for themselves and their greed and will likely give her some very bad advice right now.