Legal Question in Insurance Law in Tennessee
liability of a vehicle and driver in probate
vehicle part of an estate in probate-member of family drives the vehicle-If an accident happens involving this vehicle, does the driver or the estate carry the financial burden? Only the deceased's name was on the car insurance.
1 Answer from Attorneys
Re: liability of a vehicle and driver in probate
The driver would be liable for any damages
exceeding the limits of the policy. However,
the question becomes whether there is any
coverage on the policy at all due to the
fact that the deceased is the covered party.
I would suspect that the insurance policy
may not provide any coverage at all due to
the fact that the insurance company was not
notified as to the deceased's death. On the
other hand, the policy may be interpreted so that the estate is a covered party in place of the deceased and, therefore, coverage would be provided up to the limits of the policy. The insurance compnay should have been notified of the deceased's death. That would have taken away
any argument the insurance company may make about lack of coverage.
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