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Auto Insurance Claims/At fault-MVA, policy holder Dies before Settlement with insurance Co.

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Expert: - 5/24/2007


Question
If there is a MVA and the At Fault Policy Holder Dies before Settlement from their Insurance Comp. what happens if there was a bodily injury case pending?  Granted, this person was arrested on the spot for DUI(Pills)and also had a 25 caliber automatic pistol in vehicle. Also, an Attorney had all information from Sept 2006 until April 2007 and did nothing on this case, so I had to get another Attorney, should 1st Attorney be Liable if Insurance Comp refuses to Pay.

Answer
Dear Cindy,

Well, you will be OK if you have a small claim since the insurance company will pay your claim, BUT only up to the amount of the policy limits.  

If you want above that, you will have to make a timely claim versus the estate.  You contact the attorney representing the estate and you file a claim as a creditor of the estate.

In fact it is best practice to file a claim versus the estate RIGHT AWAY since you probably do not know the policy limits when a tortfeasor dies, and unless you do file a creditor's claim, you could find that anything over and above the policy limits is BARRED.  Hence, your claim would be limited to just the policy limits.

Best wishes,

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

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27 years of front line plaintiff`s trial lawyer experience in PERSONAL INJURY INSURANCE CLAIMS. Along with other attorneys and insurance adjusters, we have created a website to help injured people settle their own personal injury claims. With the help from feedback from hundreds of satisfied members, www.settlementcentral.com has become THE AUTHORITY for Internet personal injury insurance claim settlements. I am humbled and honored if people can benefit from my experience and current volunteer work in helping injured people. I hope I can explain things in a manner that is useful for the questioner. If not, do not hesitate to e-mail me and I will take a second shot at it! Best Wishes for your physical and financial recovery.

Experience



Life Experience: 27 years of front line plaintiff's trial lawyer experience

Organizations:
American Trial Lawyers Association
Washington State Trial Lawyers Association

Publications: (Click on Title to Read)
Statute of Limitations
Vehicle Accident
Accident--Adjuster
Demand Letters
Policy Limits

Education/Credentials: J.D. (Juris Doctor) 1977

Awards and Honors: I am humbled and honored everytime I am selected to help injured people. And when people give feedback that they have benefited from my experience and current volunteer efforts, then that is a double honor and award for me.
 

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