Can families recover accidental death benefits to cover funeral expenses in San Diego?

California – March 30, 2021

A rollover crash on State Route 78 in San Marcos resulted in the death of the driver after the car left the highway and burst into flames.  According to California Highway Patrol, the crash occurred on Sunday around 8:30 p.m. and the driver was trapped inside the 2017 Dodge Challenger after it hit a metal signpost, rolled over and caught on fire.  He suffered fatal injury at the scene.  When solo car accidents occur, investigative teams will need to research the accident scene and the vehicle to determine the reasons for a crash.  If it was caused by construction, or some faulty roadway anomaly, or other non-driver related problem, such as motor vehicle malfunction, car accident attorneys may be instrumental in the recovery of damages in a wrongful death action.

Accidental death insurance.

The accidental death benefit, as part of a car insurance policy which may not be required,  pays for death expenses if, in a covered auto accident, bodily injury causes the death of a policy holder, or a covered family member died in a single vehicle crash.  An experienced accident attorney can help surviving loved ones by reviewing insurance policies, and communicating with carriers to process claims when necessary.  Since California is not a no fault state, but offers personal injury protection Med Pay coverages as an option, the policy’s death benefit may cover funeral expenses in advance of a settlement from any proven negligence involving another party, or entity. It is always best to speak with a car accident attorney who understands insurance laws.

Fault and time to file a claim. 

California is a “fault” state and victims can bring a claim against any other identified responsible parties before they file a claim against their own “no-fault” insurance.  Car accident victims, or their families may file insurance claims, initiate legal action, or file wrongful death claims when an injured party dies as a result of another person’s negligence within California’s set timeline of two years.

Damages.

If negligence can be proven outside of the victim’s actions, even in a solo motor vehicle accident, California auto accident lawyers can assist survivors with damages, apart from accidental death benefit insurance claims.

• Economic damages include present and future loss of earnings, medical bills, future medical care, household expenses and
• Non-economic damages include pain and suffering, mental anguish and loss of consortium or companionship.
• Punitive damages may be considered but reckless, intentional, and egregious acts must have caused the harm.

Hire an attorney.

The Law Offices of Jeffrey E. Estes & Associates, and their experienced accident attorneys can assist with insurance claims and formal litigation efforts toward a comprehensive damage award after a catastrophic automobile accident results in fatal injury.

Jeffrey E. Estes & Associates, a Professional Law Corporation

501 West Broadway, Suite 1650

San Diego, CA 92101

Phone: 619-233-8021

Fax: 619-233-3730

Sources:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23103.

https://www.dmv.ca.gov/portal/vehicle-registration/insurance-requirements