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MIAMILAW1127, Attorney
Category: Estate Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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My son was killed in a car crash in may 2014. I was never

Customer Question

My son was killed in a car crash in may 2014. I was never married to his mother, nor did he live with me full time. Someone said that my auto insurance may pay me for his loss. He was not on my plan. I had lialbility only at the time.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Legal-Kal replied 1 year ago.

Good afternoon:

My name is ***** ***** I would be happy to provide general information regarding your insurance/personal injury question. I am sorry for your loss.

As an attorney, I am duty bound to inform clients/customers of the accurate state of the law. Sometimes, this may result in news that is not generally favorable to a client/customer. I am sorry to say that this is one of those situations.

This would be considered a "wrongful death/negligence" action based upon basic principles of tort law. As such, ordinary next of kin laws apply. Under the law, a "kin" is someone who has a familial relationship or, though statutory action, has a lawful survivorship relationship ("i.e., a non-blood parent who adopted a son).

Based on the information you have provided, the law does not allow you to obtain any relief as you are not a "blood relative" nor has a statutory right to survivorship been established.

Again, as an attorney, I must inform individuals of the actual state of law. That is the only way a client/customer can be truly aided by me.

Please ask any follow up questions you may have and I would be more than happy to answer them.

If you have no follow up questions, please remember to click ACCEPT and rate my assistance positively if I have aided you in your question as that is the only way I can be credited for helping a customer. Thank you.

Customer: replied 1 year ago.
He is my blood son. He just did not live with me full time. He stayed with me occasionally on weekends, and helped me with job work I did on the side. The insurance company asked me to provide letters from clients that we did odd jobs for. My sons mother was awarded 100,000 from her insurance co.
Expert:  Legal-Kal replied 1 year ago.

I am sorry, I misunderstood the facts of the case based on your question.

Since you are the biological father, you would be entitled to recovery by default. The mother, may contest that fact based upon the type of relationship you had with your son. (Just as an aside, this is something that the Courts would have to determine, the insurance company's word is not final in this matter).

What is important is the type of relationship you had with your son. While the Courts will not require that you be present each and every single day and for each and every single milestone or stage of your son's life, they will look at the weight of the relationship between you and your son.

You mention that he stayed with you occasionally...did you have any custody (as determined by a Court during custody proceedings) with the child or any visitation rights while he was a minor?

Customer: replied 1 year ago.
I could see him whenever i wanted. Nothing was set in stone. I did pay child support.
Customer: replied 1 year ago.
Im just confused as to how i can collect on the insurance if he was not listed on it.
Expert:  Legal-Kal replied 1 year ago.

The named insured would not be relevant to if you can collect or not. Essentially, you are asking if you can collect from a wrongful death action.

Maybe I am not clear on the facts of your case. Can you give me more information as to:

1) Whose car your son was driving

2) Whose name was the insurance on the car

3) what relationship to the accident (other than it being your son involved) you have?

Customer: replied 1 year ago.
It was not my sons car. My son was not driving. The boy that was driving had no insurance. This was the outcome of a police chase. They were found not guily and the case was dismissed.
Expert:  Legal-Kal replied 1 year ago.

Ok, from what you have provided, this question may be more fitting in the family law category as the main issue is right to survivorship, in regards ***** ***** relationship with a non custodial parent, is the key issue. What I will do is opt-out of this question and request that it be moved to the proper category so a qualified expert can handle this question.

You need not do anything further. You will be contacted by the appropriate expert who will have access to everything typed above and can adequately answer your question.

Please await a response from an expert. Thank you for your patience and I wish you the best of luck.

Expert:  MIAMILAW1127 replied 1 year ago.

Hello. I am going to be assisting you with your question today.

Please note: This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Unfortunately, there is no insurance policy for you to benefit from as the beneficiary (unless you had a life insurance policy on your son) since you only had liability insurance coverage.

I hope I have answered your questions. If I have not, please feel free to ask any follow-up questions you may have. Also, please do not forget to rate my response at your earliest convenience.

Thank you.

Customer: replied 1 year ago.
My insrance is asking for proof of my working relationship with my son. Why would they ask for that if i an not entitled to anything
Customer: replied 1 year ago.
I did have full coverage at the time of his accident. I only have liability now.
Expert:  MIAMILAW1127 replied 1 year ago.

Ok, but was your son part of your policy or did you only have full coverage on yourself?

Customer: replied 1 year ago.
My son was not on any policy
Expert:  MIAMILAW1127 replied 1 year ago.

It doesn't seem like they are asking for purposes of issuing a payment.

Was your son at fault for the accident or was the other party at fault?

Customer: replied 1 year ago.
My son was the passenger. No other vehicles were involved. The driver had no insurance
Customer: replied 1 year ago.
What purpose are they asking then. Im just curious.
Expert:  MIAMILAW1127 replied 1 year ago.

Then the only way that payments would be issued would be from either the driver's insurance (but he had none), a life insurance policy on your son (he had none), or a lawsuit against the driver.

However, if your son is not an insured on your policy, there is no obligation for them to pay.

I'm not really sure as to why they would be asking for that information. The only reason they would ask for employment information would be to establish lost wages, earning potential, etc. and that is only applicable in a case where a lawsuit was pending.

Customer: replied 1 year ago.
nothing from my insurance could be earned? Thats who i am dealing with, my insurance company at that time, no one elses.
Expert:  MIAMILAW1127 replied 1 year ago.

Correct. Your insurance is insuring you, not your son. Therefore, if you were in an accident or if you were injured, then they would pay. They will not pay if a person not insured under the policy is in an accident regardless of their relationship to you.

Customer: replied 1 year ago.
Ok. Thank you. Im just so confused as to why they need the letters if no intention of paying me is coming.
Expert:  MIAMILAW1127 replied 1 year ago.

No problem. Yes, it's a bit confusing as to why they are asking. I would recommend asking them directly.

Please don't forget to rate my response at your earliest convenience.

Expert:  MIAMILAW1127 replied 1 year ago.

I want to make sure you have no further questions that I can be of assistance on. Please advise. Thank you.