Accidental death insurance

[Kmorgan03]

Okay. I don’t know if this is the right topic for this!
I know very little about legal matters so excuse my ignorance to a lot of this.

My dad was killed in a car accident the beginning of April. His girlfriend was driving. Her insurance company knew about the accident the same day, the knew it was fatal, they paid out to the funeral home within the week.
Well here it is almost 3 months later and I got a call from the insurance company telling me that the investigation is finished and they need my and my sisters information so they can payout to us.
I have so many questions...
Do I need an attorney? Or is it just adviced?
Will the insurance company try to “low ball” me, as my mom put it?
I have 2 sisters but only 1 sister was mentioned in the payout. The other is not yet 18 so I don’t know if that matters. I need to ask what about her? She wasn’t in his life at all but she’s still entitled I think...

My dads girlfriend called me yesterday and told me that somebody must have called and “tipped off” the insurance people because they don’t just start these processes on their own, they don’t want to pay out, etc.
I think that is huge misinformation. Isn’t that part of their job? Legally?
The police investigation just barely got finished so maybe that’s why insurance is now taking over?
What is this process even like? I don’t even know what to expect, time wise, amounts, etc.

Until yesterday I was never expecting any money or anything. No money will fix the heartache but I know my dad would tell me to fight for what is owed to me. Especially if it’s an amount that could be really helpful.

 

[Just Blue]

Okay. I don’t know if this is the right topic for this!
I know very little about legal matters so excuse my ignorance to a lot of this.

My dad was killed in a car accident the beginning of April. His girlfriend was driving. Her insurance company knew about the accident the same day, the knew it was fatal, they paid out to the funeral home within the week.
Well here it is almost 3 months later and I got a call from the insurance company telling me that the investigation is finished and they need my and my sisters information so they can payout to us.
I have so many questions...
Do I need an attorney? Or is it just adviced?
Will the insurance company try to “low ball” me, as my mom put it?
I have 2 sisters but only 1 sister was mentioned in the payout. The other is not yet 18 so I don’t know if that matters. I need to ask what about her? She wasn’t in his life at all but she’s still entitled I think...

My dads girlfriend called me yesterday and told me that somebody must have called and “tipped off” the insurance people because they don’t just start these processes on their own, they don’t want to pay out, etc.
I think that is huge misinformation. Isn’t that part of their job? Legally?
The police investigation just barely got finished so maybe that’s why insurance is now taking over?
What is this process even like? I don’t even know what to expect, time wise, amounts, etc.

Until yesterday I was never expecting any money or anything. No money will fix the heartache but I know my dad would tell me to fight for what is owed to me. Especially if it’s an amount that could be really helpful.

I am very sorry for your loss...

I suggest you consult with an attorney with all facts of the accident.

 

[Taxing Matters]

I have so many questions...
Do I need an attorney? Or is it just adviced?

It is not required that you have an attorney. But it would be a very good idea to consult a personal injury lawyer before agreeing to any settlement with the girlfriend’s insurance company. If the accident was caused by her negligence, then either his estate or surviving family or both may have claims for wrongful death against her. Exactly what claims might be brought depends on the law of the state where the accident took place and if the girlfriend lives in some other state the laws of that state may also be relevant. As you did not indicate the state(s) involved no one can give you much detail on that. But you would want to see an attorney to figure out what claims are possible here and what the potential damages would be. Also, the details of the policy the girlfriend had would matter.

Will the insurance company try to “low ball” me, as my mom put it?

You can pretty well count on the insurance company starting with a low offer, perhaps very low. After all, if it can get you to settle on the cheap, it comes out ahead, so it has nothing to lose by starting low.

I have 2 sisters but only 1 sister was mentioned in the payout. The other is not yet 18 so I don’t know if that matters. I need to ask what about her? She wasn’t in his life at all but she’s still entitled I think...

This is one of those things that we would need to know the state(s) involved to answer.

My dads girlfriend called me yesterday and told me that somebody must have called and “tipped off” the insurance people because they don’t just start these processes on their own, they don’t want to pay out, etc.

Well, let's start with this: under her policy she was almost certainly required to inform the insurance company of the accident herself. So she really has no reason to be ticked off that the insurance company found out. Hiding that from the insurance company kind of indicates to me that she knows she was negligent and is hoping that she doesn't have to pay up for her mistake. Depending on the state, the insurance company may have been automatically informed of the accident through the police or DMV, too. However it is that the insurance company found out, it will of course look into it to determine the extent of the potential liability it has.

 

[quincy]

I, too, am sorry to hear about the death of your father. The suddenness of a death from a car accident can be especially difficult to process emotionally.

What is the name of your state? Is this the same state where the accident occurred?

I recommend you consult with an attorney before you speak to the insurance company. That the insurance company failed to mention your other sister could indicate their investigation was not a thorough one.

Again, I am sort for your loss.

 

[adjusterjack]

I add my condolences and my agreement as to consulting an attorney. Have your Mom involved in that, too, as she may have to become trustee of any settlement that your younger sister may be entitled to.

 

[adjusterjack]

I add my condolences and my agreement as to consulting an attorney. Have your Mom involved in that, too, as she may have to become trustee of any settlement that your younger sister may be entitled to.

Also check with your Dad's employer to see if he had any group life insurance on the chance that you and your sisters might be listed as beneficiary. The girlfriend may also know if he had any personal life insurance.

There is also the matter of probating his estate. If he had a will, you and your sister might be named in it. If he died without a will, the three of you would share equally in his estate under intestacy.

 

[Kmorgan03]

I, too, am sorry to hear about the death of your father. The suddenness of a death from a car accident can be especially difficult to process emotionally.

What is the name of your state? Is this the same state where the accident occurred?

I recommend you consult with an attorney before you speak to the insurance company. That the insurance company failed to mention your other sister could indicate their investigation was not a thorough one.

Again, I am sort for your loss.

We live in Idaho and yes it
Happened here