My father was found to be at fault for an accident well over a year ago. He was killed. The driver who hit him wants his estate to pay for lost wages, and pain and suffering above what insurance will pay. Everything was in my Mom's name at the time of his death an
d we were advised at the time since Mom was not in the vehicle, they could not sue her for her belongings,since dad technically did not have an estate. My Mother also passed away eight months later. I am executrix of her estate. I am in the final stages of processing the settlement of her estate. Can I and my siblings and my mother's estate be sued by the person who hit my dad in the accident?
Your question is complicated and, as I often say in these answers, you do not give enough facts to be certain of all issues. First, let me say I am sorry for your loss and if you think the other driver is responsible for the accident you should codnsult an experienced trial attorney in your area. Snyder County is outside my range of practice but you could consult with lawyers in Center County or Mifflin County. You say your father was "found to be at fault". By whom, how? You say "well over a year ago". The statute of limitations is two years for a survival action and wrongful death. If it's not two years, see a lawyer as soon as possible. What you should be concerned about, now, is protecting the assets of the estate and seeing if there is enough evidence to support a claim for your father's death. There is an awful lot missing in your question. I would be happy to talk to you and steer you in the right direction. To contact me, just look at my profile on this site.
I'm so very sorry for you loss! You really should consult with a personal injury attorney. Whether there is liability on the part of the other driver resulting in your father's death needs to be determined before the two year statute of limitations runs. If there is in fact fault on the other driver, suit on behalf of your father's estate needs to be filed before the two years.
Additionally, if the other driver believes fault rested with your father for the accident, that driver will have two years to file suit against your father's estate. Presumable, your father had car insurance, and his insurance carrier should be on notice of the accident and will defend the estate in any such suit. If your father did not own anything at the time of his passing and everything was legitimately in your mother's name, than the driver would be limited to your father's car insurance policy, should he be found to have been at fault.
Best of luck.
Gladys Wiles
Snyder & Wiles, PC
610-391-9500
First and foremost, my condolences to you and your family on the loss of your father, and subsequently your mother.
In the first part of your question, you indicate your father was found to be at fault, and in the second, you contend he was not, but that the person suing was at fault. If your father was at fault, and there is nothing in his estate, then the Plaintiff can collect no more than the insurance coverage. Your mother's estate (your mother) had no liability in the accident from the facts you have stated, so her estate would not be subject to a meritorious claim.
The only liability that may attach to your mother is under a theory that she owed the vehicle and negligently entrusted it to your father, under circumstances where she SHOULD HAVE KNOWN that he would cause an accident.
So absent that scenario, your mother's estate, you and your siblings are not subject to a meritorious claim. Of course, not all the facts of your case can be provided in a forum such as this, so I suggest that you discuss this with your estate counsel, and/or the counsel assigned to defend any claim against your late father’s estate by the insurance company.
Elizabeth M. TarasiLitigation LawyerPittsburgh, PA ·
The injured driver can attempt to sue your mothers estate however they would need to have proof or evidence that your deceased mother was negligent and her negligence caused the harm. In light of the untimely and unfortunate death of your parents proving negligence against your mother would be difficult. Also if the driver settled with your father he would have signed a release. The release probably is broad. The release could be used against any claim by the injured driver.
In the event that a claim is made you should turn the claim into the insurance company who insured your mother at the time of the accident.
