Legal Question in Personal Injury in Ohio
Injured party suing deceased driver.
My mother-in-law hit a car, causing an accident, two years ago this month. The other driver received a knee injury. My mother-in-law was in her mid 70�s, and it was determined that she probably had a heart attack, and died at the scene � no obvious trauma to her. She was under no driving restrictions.
The Ins Company denied a certain amount of the injury claim, stating that it was a pre-existing condition.
We were informed today, that the attorney for the injured party is filing a claim against my deceased mother-in-law. She had very few assets in her own name, and didn�t own a home.
My husband and his mother shared a joint checking account (for about 5 years prior to the accident, after his father died). My husband was also the recipient of two small life Ins. policies, and his mother had a small amount in stocks that he received from her will. There were no other assets.
In general, will the claim that is being made against her (or I guess her estate)need to be paid by us? We own no personal property other then 2 cars. My husband is a minister, making minimal salary, and we live in a church provide parsonage.
There is one other brother who is estranged from the family.
Thank you
1 Answer from Attorneys
Re: Injured party suing deceased driver.
Your mother's insurance company will need to defend the estate of your mother and pay any damages that may be awarded by a jury within the limits of her insurance policy.They will notify you if the claim exceeds the insurance policy in which event, any judgment beyond the insurance limits would be the responsiblity of the estate and not you or any family members. The only way you could be held responsible is if it were shown that the estate transferred assets to any family member to defraud any potential creditors. Sounds like it would be a long shot to prove this. So it sounds like your family has no personal exposure to any judgment that may be returned by a jury.
Hope this helps
Howard Mishkind
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