Legal Question in Insurance Law in West Virginia

car accident causing death

my 25 year old son was coming home from work when he was hit head on by another vehicle. he died shortly from his injuries. he didn't have any medical insurance and only had liability insurance on his truck. it was the other mans fault he crossed the yellow center line and hit my son. he was hurt bad to but he is alive. he only had 20/40/ coverage on his policy and the hospital bill is almost 10,000 dollars plus the tow bill and storage bill for my sons truck is

5.00 dollas a day since may 4th. the funeral cost 9,000 dollars thats the bills we know havw to be can paid. the insurance the man has that hit my son has sent a letter with the check saying i have to sign a paper saying that i feel like its a fair amount and i can't sue him for anything else don't you think the man should have to answer for his actions ? what does N/A mean on a citation thats marked failure to maintain control, this is what was on the accident report. the bills have to be paid but i don't want to sign that paper or can i get the 20 thousand to pay the bills without signing anything. i think he still needs to be punished for his actions plus have to pay the bills to. what do you think. please let me know what to do. a mom who misses her son


Asked on 8/14/01, 1:13 am

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

Re: car accident causing death

I am very sorry for your loss. Unfortunately, the law only allows for monetary damages for the loss of a loved one. Punishment comes from the criminal authorities if they press charges.

You can make a claim for the $20K, or possibly for the $40K, depending on the exact wording of the defendant's policy.

But you are NOT limited to taking the insurance proceeds - you can civilly sue the defendant for a significant sum, possibly including punitive damages. If the verdict exceeds the defendant's policy limits, he will have to pay the judgment. And he may have to pay any punitive award, depending on West Virginia law. This is about the only civil "punishment" you can deliver to the defendant.

I would not do anything until you get a copy of the defendant's policy and read it. I would be happy to do that for you without any charge. I would also require the insurer to do all of its communicating with you in writing, and you should do likewise.

If you decide to sue the defendant, he will be responsible for all of your son's expenses, as well as your loss. Get a lawyer who is familiar with this type of case and I am sure he/she will assist you.

If you decide not to sue, but to only accept the policy limits, then it is customary to settle all claims so that there can be no further suits, claims or other type of civil attack on the defendant. But I would not settle anything without first seeing the policy in black and white, along with confirmation that the defendant was on his own personal business at the time and not acting for any other business, person or other commercial type of venture.

Please feel free to call/email me if you want to talk about this or if you have any other questions.

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Answered on 8/14/01, 2:49 pm


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