Legal Question in Personal Injury in California

Fatal Motor Vehicle Accident

an 82 year old man died at site of fatal MVA 6 mos ago. Police report claimed he was at fault and 17 year old young very attractive young lady who killed him still drives up to this day.old man's insurance totalled and paid his car so w/ damage of the very pretty young female who made some passing on a 40 mph street and unable to control her vehicle and hit the old Man turning left to his medical appointment which resulted to his grave.

question 1: I am in old Man's insurance policy. What posssible settlement can the old man have for having only state required policy(basic).

question 2: Old man is at fault, does this means that's it, its just the twice accident of bad luck that this case should already closed and life must go on.

question 3: Old Man grand daughter of 20 years who felt the worst pain due to his death as well as his wife 0f 84 can they sue?


Asked on 2/01/03, 1:22 am

4 Answers from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Fatal Motor Vehicle Accident

Thank you for your posting, and I'll use your nomenclature in my abbreviations.

1. If the Old Man ("OM") only had basic insurance, that is all another party can claim in damages. The estate of OM, or relatives, can still sue the Very Attractive Young Lady ("VAYL") for wrongful death if they can prove she was at fault.

2. If the OM is at fault, his insurance must pay all damages up to the maximum of the policy.

3. As mentioned above, the family or estate of OM can sue VAYL, for negligence or wrongful death, if they can establish or prove that she was at fault. Her insurance would be liable for paying any established damages up to the maximum of her insurance policy.

I hope that this information helps, but if you have any other questions you need answered, or want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I�m happy to help in any way that I can.

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Answered on 2/04/03, 8:49 pm
Charles Rossman Charles Rossman Injury Lawyer

Re: Fatal Motor Vehicle Accident

Call me and lets talk about this.

562 267 7777

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Answered on 2/07/03, 11:25 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Fatal Motor Vehicle Accident

Not sure what you mean that you are on insurance policy. Need to look at police report. Widow can sue, grandaughter may not be able to . Call if interesed in further assistance.

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Answered on 2/06/03, 9:43 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Fatal Motor Vehicle Accident

Are you in old man's life insurance policy, or his auto policy? If life insurance, you're entitled to receive payment by the insurance company.

Police finding of fault is not always dispositive. What has his auto insurance company discovered during its investigation?

Lawsuit can be filed within 1 year by wife for loss of companionship, income, wrongful death, etc. A jury (or judge) will decide who was at fault.

Thanks for your questions.

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Answered on 2/04/03, 2:40 pm


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