At fault - death involved.

[dsm41]

What is the name of your state? Iowa

My significant other was involved in an auto accident in which the other person involved died a couple days later. We have not seen or heard official cause of death, but signs point to the fact that it was accident-related.

We are bracing ourselves for a civil lawsuit, and just want to know what happens when we don't really have anything...don't own the house (yet) vehicles are financed...we basically have nothing.

Please help -- what should we expect if there is a suit filed?

 

[JETX]

Your insurance company will provide defense against any claims against you.

You do have insurance, don't you?? If not, prepare for a VERY expensive "Life Lesson".

 

[dsm41]

Yes, he does have insurance. I am more interested in information/advice regarding or relating to civil suits that could be brought on by the family.

Thank you in advance!
dsm41

 

[JETX]

His insurance will provide a defense against civil damages also. But he should realize that the insurance company will only provide coverage to the limit of his policy. Any amount over that limit could be found against him.

 

[dsm41]

So are they only able to sue for money, or are they able to try and come after him/us for material possessions as well?

 

[JETX]

"are they able to try and come after him/us for material possessions as well?"

Not directly. However, if they get a judgment against him, they can then use the state laws to seize his non-exempt assets/property.

 

[tammy8]

Just curious what were your auto limits?

 

[zippa]

dsm41

I think you know that your significant other is going to STAY your significant other for many years to come, untill this matter is finished...then you might be able to get married.

This is a great advantage of living together only he would be responsible for any claims since you dont own the car or anything else with him.

Actually Death is not that big a deal, if he is not at fault, also if the other driver was not wearing seat belts which is State law in most states, you would have that as a defense that he wouldnt have died if he was wearing a seatbelt.

So what were the details of the accident and was your signifcant other a fault?

 

[JETX]

Zippa, what are you on??

Your post is not only inane and without ANY value to the forum, your statement that "Actually Death is not that big a deal, if he is not at fault," shows that you have no idea what you are talking about.

 

[zippa]

halket,

as long as they are not married and dont own joint assets, she is in the clear, they cant come after her assests because they are not married.

And half of the battle with insurance companies and such professionals, is they bank on the fact you wont have the guts to stand up for yourself. And they will pay out fraudulant claims and make the policy holder suffer or get cancelled even if they are not at fault.

Its called standing your ground no matter what. If her significant other is NOT at Fault of causing the accident then he is not guilty of him dying either....the dead guy and his family should own up to the fact the dead driver caused his own death.

And should get ZERO in compensation....in fact the dead guy should pay the signifcant other for all of his damages he incurred. Or you should sue the dead guy for any and all out of pocket costs since the dead guy caused the expense

It's a Tough stance to take and most people get squeemish about it, but if you dont then that's how the insurance company wins.

 

[JETX]

Zippo:

"as long as they are not married and dont own joint assets, she is in the clear, they cant come after her assests because they are not married."
**Gee, I guess you forgot that the writer wasn't asking about HER liability, but the liability of her 'significant other'.
Other than that, your statement offers nothing other than the previous ones.

"And half of the battle with insurance companies and such professionals, is they bank on the fact you wont have the guts to stand up for yourself. And they will pay out fraudulant claims and make the policy holder suffer or get cancelled even if they are not at fault."
**Kind of reached on that one, didn't you? You first started out with something about standing for your rights, then ended with something about fraudulent claims and policy holders suffering. Not even related.

"Its called standing your ground no matter what. If her significant other is NOT at Fault of causing the accident then he is not guilty of him dying either....the dead guy and his family should own up to the fact the dead driver caused his own death."
**Here you really make no sense at all. We haven't seen ANYTHING to determine who might be at fault, yet you seem to have already determined that the other driver had liability. Further, anytime that a death is involved, there is a virtual certainty of a lawsuit. Which is what this thread is about.

"And should get ZERO in compensation.... in fact the dead guy should pay the signifcant other for all of his damages he incurred. Or you should sue the dead guy for any and all out of pocket costs since the dead guy caused the expense"
**Here you just leap of the cliff of logic and crash at the bottom. You have simply lost any connection with the facts presented... or even the thread.

"It's a Tough stance to take and most people get squeemish about it, but if you dont then that's how the insurance company wins."
**If you don't 'know' what?? Your post just seems to throw things out there without ANY thought.... or reality.

 

[zippa]

Halket:

I am just pointing out the other side of the arugment, if the posters significant other is not at fault,

They will have to be tough and stand their ground, becuse they can be railroaded very easily if they are not prepared for a knock down drag out war to protect his presumed innocence.

YES they have to think of this as a WAR, or else they will lose even if he is not at fault.

Remember, if you are NOT at fault i dont give a damn about someone being Killed, it was his own damn fault he died.... NOT MINE!

 

[JETX]

Zippo (Happyroach) said, "Remember, if you are NOT at fault i dont give a damn about someone being Killed, it was his own damn fault he died.... NOT MINE".

Not only wrong, but not even relevant to this thread!! The original question was "what should we expect if there is a suit filed?". (And a lawsuit WILL be filed.) The thread has NOTHING to do with fault or liability.... while you have already started arguing about fault and defense.

You also say "I am just pointing out the other side of the arugment,". Again, not relevant since there is no issue (or question) of 'argument' in this thread.

The 'blame or fault' in this thread can ONLY be determined by a review of the evidence as provided by a court. From the thread, there MAY be an issue of 'proportional liability' (due to the other drivers not wearing seatbelt), but again, that can only be determined in trial.

 

[stephenk]

the title of the original post is "at fault - death involved". It's reasonable to conclude the significant other was at fault for the accident.

 

[zippa]

we wont know until she answers back?

Still it is best they dont get married anytime soon, to keep thier assets seperate.