Who got the insurance money?

My nineteen year old son died in an auto accident in September 2001. He was driving his father’s pick-up truck. Single vehicle accident and he was the only person in the truck. I was totally devastated.

Now that time has past and the healing process is getting better, I have noticed his father has moved up financial (a great deal). I am questioning ... I think he got a $100,000 insurance claim for the death of our son. Shouldn't I have received half of that?

I know it was his insurance on his vehicle, but I am the other parent! Is there a time limitation on this claim?

Answer:


Hello ,

Well, this is a very sad story and hard question. The short answer (and one that you need to talk to a lawyer about) is who has the insurable interest here. The insurance company only has duties to the policy holder so, from that perspective, the insurance company would only have a duty to him and your son.

The second issue here is that unless your son’s death was caused by someone else’s negligence, he may or may not have insurance coverage. It’s very possible that your ex did not receive that amount from the insurance company (the auto policy).


As always, it is very important that you talk with a local attorney!
Good Luck,
Auto Insurance Claim Advice