Visitor Question

Mother Hit by a Car and Killed…

Submitted By: Jessica (New York)

My mom died last year after getting hit by a woman driving her car. My mom was in the hospital fighting for her life for 5 hours. She suffered several injuries but couldn’t overcome them and died.

Is her death grounds for a lawsuit against the driver of the car who hit her? What happens if the person who hit her does not have insurance? Thanks for any info you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Jessica,

Although your facts don’t indicate the other driver was at fault in the collision, we will presumed for this case evaluation she was.

If so your mother’s estate has what is called a “wrongful death” claim against the owner and driver of the vehicle which caused her death.

If the at-fault driver carried liability insurance at the time of the collision and the at-fault driver’s insurance company agree their insured’s actions caused the collision, which by itself caused your mother’s death, the insurance company would in all probability offer their “limits”. Offering their limits means the insurance company won’t attempt to negotiate a lower settlement than the amount of insurance carried by their insured.

If the at fault driver did not have liability insurance at the time of the collision then your mother’s estate would only have access to the driver’s assets. If the driver had substantial assets and it was determined by a court that the driver was at fault you would be able to secure a “Judgment” from the Court which could be turned into a Court ordered “Levy”.

A levy is a legal mechanism by which a court orders the local sheriff to go to a person’s bank accounts or other assets and seize them. Once seized they can be liquidated to pay the court ordered judgment previously rendered against the at fault driver.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

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