can children sue father for wrongful death of mother?

[chubroach]

What is the name of your state? Minnesota

A few months ago there was a terrible automobile accident where both of my parents were killed when their car was hit by a large truck. My father (now deceased) was the driver of the car. My mother (also now deceased) was in the passenger seat and was hit first and died instantly. My father died a few minutes later in this terrible car accident. From all indications the accident was the fault of my father who drove through a stop sign (without stopping) and right into the intersection where the truck hit them going 55 MPH.

Anyway, an attorney we talked to thinks that we (the surviving daughters) may have a wrongful death claim against my father's insurance company for WRONGFUL DEATH. Basically we would be indirectly filing a lawsuit against my deceased father's estate which would be paid (if successful) by his liability coverage on his auto insurance. He has a $500,000 liability limit.

Our attorney says that intrafamily lawsuits are legal in Minnesota and that family or household liability exclusion provisions in auto insurance policies are illegal in Minnesota. I am sure the insurance company will disagree but that is for the courts to decide.

What do you think about this type of legal action and the likelyhood of success?

 

[DrewfromCA]

are you kidding?

I feel for your loss, but it seems as though you are just looking for a way to get paid some money....

I have no idea how this case stacks up legally, as I am no lawyer, but it would seem that there needs to be some willfull intent(or whatever you call it) for wrongful death.

Where I come from, we call this sad occurence an accident...

 

[stephenk]

ask the attorney for the name of the case that makes resident relative exclusions illegal in Minnesota. The research I have done indicates such exclusions are legal.

Were you and your siblings still living with your parents when your parents died? Were you or any of your sisters on the auto policy as insureds or additional drivers?

 

[Sasnmax]

Disgraceful

And yet I have no doubt you wouldn't hesitate to be among those who would complain about the high cost of insurance .....

 

[chubroach]

Interesting replies to date!

Lets throw this out a different way. If my father had the next door neighbor in his car and drove through the intersection without stopping and got hit by the car and THE NEIGHBOR DIED IN THE ACCIDENT, the neighbors next of kin WOULD SUE my father's estate and insurance company. Why is it any different if my mother was the innocent third party? Either way my father made a terrible mistake going through a stop sign and into an intersection right into a fast moving semi truck. He was as fault. If it were the neighbor killed, it would be an open and shut case and the insurance company would pay the neighbors a big settlement for the death. Why should it be any different for my mother, the innocent third party?

 

[stephenk]

It's a public policy issue to prevent collusion. It's too easy for family members to set up accidents where one member of the family is driving and the rest of the family are the passengers. Then the passengers all make a claim on the family insurance policy against the "negligent" family member who was driving.

Insurance companies would go under with families with financial problems making claims for solo car accidents where the entire family is injured and all want to collect on the auto policy.

It isnt perfect, but it works.

Did either of your parents have life insurance? Life insurance is the type of coverage they should have had for such an occurence.