my 17yr old daughter was a passenger in a car, she was killed. IS there a need for a laywer or does the insurance co. just give you what the coverage allows? Or can they just make you an offer? I was told you just get what you get from the insurance, that there is no need for a lawyer because there is no bargaining to be done? I was also told that I may have to set up an estate for any money the insurance would pay out, is this true?
Insurance companies make money by charging premiums to persons who buy insurance, investing the money, and paying out as little as legally possible.
If the insurance companies involve can avoid paying for your daughter's death, they will gladly do so.
Until someone demands payment that is due, the insurance companies will not volunteer to pay any money. If, while waiting, the statute of limitations runs out (when the tortfeasors and their insurance companies no longer have a legal duty to pay), the insurance companies won't be sad.
Do you know what your daughter's survivors are legally entitled to? Do you know when legal actions must be taken before the right to take legal actions runs out?
If you don't, you likely will need to consult one or more attorneys.
It may turns out that the persons liable bought insurance with very low limits and do not have assets. In that case, there may not be much money available to your daughter's survivors.
Yes, you need a lawyer NOW and yes, you will need an Estate set up for your daughter. The reason you need an independent attorney to advise you is that there is a conflict of interest in what the insurance company (including your own) may tell your vs. what the rights of the Estate. A Pennsylvania Injury Attorney will provide you with a free consultation and should also be able to handle the probate estate matters. The other reason you want to get an Injury Attorney representing THE interests of the ESTATE is that, sad to say, you cannot always trust that the insurance company will tell you ALL insurance coverage available. This is the very essence of insurance coverage and why insurance companies accept monthly premium payments. Because of the conflict of interest you need to hire an Attorney. Call one NOW.
It is certainly possible that the insurance company make you an offer, but the insurance company does not have to do that. You may need an attorney to assist you in making such a claim.
Even if the insurer makes you an offer, it may, or may not be fair. You may need an attorney to assist you in determining if you are receiving a fair offer.
There may also be other claims, against other vehicles, or PennDOT, or the vehicle manufacturer, or property owners. Any such claims will be dependent on the facts of how this accident happened and who may or may not be at fault. You will need an attorney to help you investigate other possible claims.
In addition, if your daughter owned a car with insurance, or lived in a residence with a relative who owned an insured car, then there may be additional benefits available to you under the insurance policy or policies covering any relative residing in her household. You will definitely need an attorney to help you here. There is a very specific process that you have to follow to settle with one insurance carrier and still preserve your rights to pursue other claims under other insurance policies. If you do not follow the correct procedure, you would forfeit your rights to other claims.
You will have to open an estate for the purposes of resolving the claims. You may need assistance in doing this.
So, the bottom line is that you really should consult with an attorney. But not just any attorney. It should be one who is experienced in representing victims of motor vehicle crashes. I recommend looking for an attorney who is a member of the Pennsylvania Association for Justice and who is specifically a member of the Auto Law Section of that organization.
The members of this section of the PaAJ are all experienced in handling claims for victims of vehicular crashes. They will, most likely, not charge you any fee for an initial meeting where you can get a sense of whether or not you trust the attorney and you obtain a feeling of confidence in how you would be represented. Most of these claims are handled on a contingent fee basis, meaing that the attorney would receive a percentage of the recovery made for you -- but there is no standard percentage. You should feel free to negotiate with the attorney on the fee to be charged. And, most importantly, under the facts you present, the percentage fee for representing you in the claim against the insurance company for the driver of the vehicle that you daughter was in could very well be less than the fee for any other possible claims arising out of her death.
I am so sorry for your loss. Whenever there is a catastrophic loss, an insurance company "should" tender their policy limits or the maximum limits. But even when an insurance company states they are doing so, you should really consider an attorney consult to make sure that all sources of coverage are reviewed. Said another way, there may be many types of insurance covering you and your daughter's case and it may make sense to have an attorney investigate it for you. In addition to the motor vehicle coverage there may be umbrella coverage and underinsured motorist coverage. It is also true that an estate will need to be set up.
