Expert: Doctor Settlement - 6/6/2007

Question
My 18 year old nephew was killed along with his 3 friends in an auto accident 5/26.  His friend was driving and was insured by the mother.  My brother had no life insurance in his son-so needless to say we have funeral-ambulance-and other expenses we have had to help him pay.  NC law requires minimum coverage of $60,000.00 which we have been told would mean it would be divided between 3 boys-not the driver.  Does this mean they would have to pay the full $20,000.00 or does insurance usually try to get out for less.  Nothing can replace my nephew-and some other parents are talking suing-but to me that is pointless because you can't get more than what the coverage was.  My brother would like the full amount he can get so he can pay everyone back who has helped bury his son..How do we get insuarance to  deal fairly.  The insurer is Geico and they are well known so hopefully they will cooperate.

Answer
Dear Sharon,

I am sorry to hear of such a tragic loss for all families.  You are right that no amount of money will bring these young people back to life, but we also have a traditional way to ease financial pain by collecting versus the ones who caused the accident.

Fine if your brother just wants to repay for the burial.  But maybe additional funds could be used to make a memorial or to provide an education fund of some kind.

As you can see from the link below, I have a website that teaches people how to make their own claims versus insurance companies for personal injuries.  But in this instance, I would advise you and your brother to AT LEAST CHECK FOR FREE WITH AN ATTORNEY.

There are plenty of personal injury attorneys who will take a look at your brother's situation for free.  Here is why I want you to at least do that.

#1. There may be other insurance policies that could be tapped and only a qualified personal injury attorney can evaluate that.  We can be pretty creative, and I would not be surprised if an attorney could come up with another source of money.

#2. There may be a way to find assets that are not subject to exemption in bankruptcy that the attorney could identify.  This might involve the parents of the driver.  The family car doctrine could also shake loose some additional funds.


Even if you do not see an attorney (which would be a mistake, since it will not cost a dime), I have to advise you to consider making the claim for the full amount of one person limit: $30,000.  True, the $60K has to be divided among three victims, but it need not be equally.

Now, most of my clients would say that the boys were out together and died together and all should end up equally.  But there may be valid reasons why they should NOT be equal results.  And so I have to tell you the following, and although you may find it gruesome to fight over shares of a death fund, it is my duty to disclose the arguments to you.

For example, if there is any evidence whatsoever that your nephew was alive for even a few moments following the wreck, then his claim includes pain and suffering.  Thus, it is a larger claim than the others.  Or, if your nephew had a career or the prospect of better income than the others, his share would be larger because his estate would have had a larger loss of future income.

This kind of dispute, although perhaps unseemly, is common when there is a group claim.  It will be resolved by a mediator, if need be.

Best wishes to you and to your family and to the other families in dealing with their losses.

Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com