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My boyfriend died in a car crash. Now after so much pain I

really dont know how to...
My boyfriend died in a car crash. Now after so much pain I really dont know how to handle this with the insurance company.
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Answered in 3 minutes by:
11/11/2013
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16,742
Experience: Experienced Licensed Attorney
Verified
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about this tragic situation.

What is your specific legal question for me?
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Customer reply replied 4 years ago

Thank you,


 


He owned his car and had full cover insurance. The car is completely destroyed. We lived together and I must go and get the car but, he still had about 3 more years to pay the car and we all my expenses seems extremelt hard for me to take over the payments. How much will the insurance company have to cover? I dont wan to give up the car because I will remember him driving it.

Dear Heber,

Thank you for your follow up.

Was the car titled and registered in your late boyfriend's name only?

Did your boyfriend leave any Will or did he leave any relatives behind?
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Customer reply replied 4 years ago

Yes everything to his name. He did not leave a will. He does have relatives here. His mother, sister and brother.


 

Dear Heber,

Thank you for your follow up.

Do I understand correctly that you were not legally married to your boyfriend?

Did your boyfriend leave any other assets, such as house, money, etc...?
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Customer reply replied 4 years ago

We were engaged, and lived together. No assets or money.


I am just worried about what to do about the car It is completely destroyed and needs to be picked up and I have to follow up with the dealership to follow up with them about payments or if I will be responsible to continue paying for it.


 

Dear Heber,

Thank you for your follow up.

If you were never legally married and your name was not on the registration or the title of the vehicle, you would not be legally responsible for any payments on the vehicle loan or any other issues related to the destroyed car, so basically you cannot take over the auto loan, without the bank's approval, but generally if the car is destroyed, it would not make sense for someone in your situation to even consider taking over the loan.

I wish you the best of luck and please let me know if you have any related follow up questions.
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Customer reply replied 4 years ago

Does that mean that the insurance company is not legally suppose to fix or replace the car since we were paying full coverage?

Dear Heber,

Thank you for your follow up.

The insurance company will either fix the car or will compensate the auto finance company for the value of the vehicle, if the vehicle is a total loss and eny suprplus insurance proceeds would go to your late boyfriend's estate.\

I wish you the best of luck!
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Customer reply replied 4 years ago

That is my main concern because if they can fix the car I would to keep it with the approval of his mother who is also in the loan. There is an investigation because the air bag that could have saved him apparently didnt come out and that caused his life/.


 

Dear Heber,

Thank you for your follow up.

Unfortunately, if there is some type of claim for a wrongful death based on some type of mechanical malfunction of the car, it would be the next of kin, meaning the mother of your boyfriend who would have legal standing to consult and retain local wrongful death / accident attorney to determine if there is a potential legal claim that can be pursued.

Unfortunately, the only was that the car could be fixed and kept by you, if the mother of your boyfriend agrees and you either pay off the car loan or the auto finance company agrees for you to take over the car loan.

I wish you the best of luck!
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16,742
Experience: Experienced Licensed Attorney
Verified
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Alex J. Esq.
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16,742
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