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Auto Accident Death
Posted by Anonymous . updated on 9/19/2008
My five year old son was killed in a one vehicle accident along with his grandmother who was driving at the time. The car they were riding in plunged into a river and my died due to complication of drowning. My mom, his grandmother, according to her auto policy had $50,000 bodily injury liabilty but the insurance company is trying to tell us that the only way we get this money is for her to be negligent and that since it was a family member who died we are only allowed $25,000 of the $50,000 in the policy. They are more than willing to agree to the $25,000 owed to use for our sons death but say that since he was related to my mom that is why we don't get the other $25,000.
Answers (4)
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Mr. Farris and Mr. Nack's advice is absolutely correct. Do not settle the case without first having an attorney review the insurance policy. Feel free to contact us if you have not already hired an attorney.
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You need to consult with an insurance attorney as soon possible. I handle insurance claims and litigation for a living and almost always find that this work is very fact specific and detail oriented. This has a lot to do with the fact that you can not always go by what is in the written policy language because much of the language in a policy has been superceded by case law or statute. A good insurance attorney will read through the policy and determine the relevant law and then let you know what the deal is. The insurance company will just pick the part of the policy they want to quote and give this to you as a basis for their position. Moreover, depending on the facts surrounding this matter, you may be entitled to compensation in excess of what is provided for in this policy. These are all reasons for you to consult with an insurance attorney right away. Please do not hesitate to contact me if you need assistance in this matter. Please make sure to protect your rights and not sign anything unless you have been fairly and accurately apprised of your situation by a professional. - James
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The previous response is absolutely correct! You need to have an experienced attorney review the insurance contract itself before taking any action. We will be glad to invest the time it takes to review the contract and advise you for no charge. Only if you are entitled to more than has been offerred would it make sense to hire an attorney. In this event the attorney will accept the case on a contingency fee basis, and you should only have to pay the attorney a percenage of anything that the attorney gets for you over and above the amount already offerred. If you do not have an attorney, you may contact me for a consultation and review of the contract.
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Call a trial attorney right away! You need someone on your side to read that policy for you and determine if the exclusion applies. I am doubtful that it does unless you live in her household. Remember that insurance companies make their profits by collecting premiums, not by paying claims! Maybe the insurance claims agent is right, maybe simply wrong, or maybe trying to mislead you. It will not cost you anything, however, for us (or most qualified trial attornies) to review the policy and tell you. We fight insurance companies on matters like this everyday, and would be happy to talk with you at no charge. Whether you call us or another firm, however, you should speak to a lawyer.
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