California permissive use car accident

Generally speaking permissive use of a vehicle results in the owner's automobile insurance beging primary (the one that pays first) and if there is sufficient automobile liability insurance the owner's policy would be the one that would be first in line to pay for your damages. If this is the case the driver (who passed away) may also have liability insurance that would be available as well if the owner's insurance is not sufficient to cover your damages. Then, if you have it, your undersinsured motorist coverage could be available if the total insurance is not sufficient to cover your damages. Any claim that you have against the driver continues beyond the death of the driver, it is a claim against the estate of the driver. From a practical standpoint many people do not have significant assets that pass through their estate - which is why automobile insurance can be an important part of the recovery that you may be entitled to. Good luck.

If you are asking if the passenger can sue for his pain and suffering, the answer is yes. he can sue for other damages as well. If the entire fault for the crash lies with the driver, the driver and his estate could not recover for the driver's pain and suffering. Further, under Calif law, if a person dies, except in limited circumstances, the right to seek pain and suffering damages abates (goes away). The ins on the car is primary, and if the driver had his own insurance, it would be secondary. An owner who gives permission to drive is statutorily liable for up to 15k per person and 30k per accident for injuries. if the owner was negligent for example by giving the car to someone not competent to drive, or the car had mechanical problems with its brakes, the owner can be sued beyond the statutory cap. If the driver was not excluded for some reason by the owners ins policy, and the policy had coverage greater than the statutory minimum, the higher amount would apply to the driver's liability. You should consult immediately with an atty in California in the area where the crash occurred or where the driver resided. If the decedent has an estate opened at some point, there can be time requirements for taking steps to protect you claims, which are shorter than the standard statute of limitations. Good luck. Robert