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Funeral expenses - My son was killed in an auto accident
Our 16 yr. old son was killed in an auto accident nearly 2 months ago...he was driving his girlfriend's car...with her permission...
she was badly injured...she is 17...according to the accident report he was at fault...he was driving to fast...it was a little country road where the speed limit is to fast on that particular road...we have been in shock..
according to our insurance claims adjuster there was no insurance on our policy to pay anything to us...although they will pay to the girl...which I think that is great...but we are left with nothing...
I am not wanting to profit from my son's death...but the funeral expenses at this time have caused us a lot of financial problems...we had no life insurance on him...I do not want to sue the girlfriend or her family or cause them anymore grief...
What can I do?
I am very sorry to hear about your loss. I am sure you are going through very difficult times. Do not think for a minute that you are trying to profit from the death of your son, you are simply looking for coverage under the correct policies.
You situation is somewhat difficult because your son was driving. The driver usually gets blame for all damages, unless passengers contributed to the accident in someway. This would make a lawsuit against the girlfriend's family (or her) difficult. Without knowing all the details is very difficult to determine if you have a valid legal theory.
Your lawsuit would be seeking damages for your grief and for loosing your son. However, your son's medical and funeral expenses should be covered. Most auto insurance policies have extra coverages for funeral expenses that coverage cannot be touch for other means (pay someone else pain and suffering or that type of thing).
The medical coverage or pip under the vehicle policy also behaves that way. This means that you are entitled to medical coverage and that coverage can be used for expenses used by your son only. This coverage acts as per person so you should have some coverage there.
The second place you can seek coverage is under your own auto policy. If your son was living at home with you, it is very very likely that he was defined as an "insured" under your own policy. The PIP or Medical payment portion of your policy usually extends coverage to any member of the household, if they are in a vehicle accident, and there is insufficient insurance to cover them because of bodily injury or death.
It is possible that you have some coverage there. Again, it is difficult without looking at the actual policies, but talk to you own insurance company and request a certified copy of your policy. When you get your policy, read it carefully, visit: http://www.auto-insurance-claim-advice.com/read-your-auto-insurance-policy.html for more information on how to read your insurance policy (it does not read like a book).
After doing this, do consider talking to an attorney (you must do this). They can probably help you "tap" other sources to pay for funeral expenses.
I hope this really helps some, and again,
I am sorry for your loss.
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