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After a fatal car accident, don’t rely on the insurance company. Here’s how to protect your wrongful death claim against the driver and other parties.
On This Page
Car Accidents and Wrongful Death
Pursuing a Wrongful Death Claim
Proving a Car Accident Wrongful Death
Protect Your Wrongful Death Compensation
Fatal Car Accident Questions & Answers
More than 37,000 people are killed on American roadways every year. That equivalent to one person killed every 14 minutes, night and day. ¹

Fatal road crashes might involve automobiles, trucks, motorcycles, or pedestrians. As in most vehicle accidents, there is usually insurance involved.

When you’ve lost a loved one in a fatal car accident, you have a right to expect compensation from the at-fault driver’s insurance company. But the insurance company won’t just hand over a check.

Here’s what you need to know about wrongful death claims and auto insurance compensation.

Car Accidents and Wrongful Death
Motor vehicle crashes are the leading cause of death for American teens. Drivers under the age of 25 have the largest proportion of fatal auto accidents, followed by drivers over 70 years of age. ²

Sadly, motor vehicle accidents take the lives of all ages, every day.

Common causes of fatal accidents include:

Distracted driving is a significant cause of driver errors, with fatal consequences. Drivers may be distracted by cell phone calls, texting, personal grooming, or other tasks
Driver fatigue is dangerous, particularly during long drives at night
Driving drunk, on drugs, or a combination of both
Speeding and other forms of aggressive driving are often the cause of fatal crashes
Unbelted drivers or passengers are much more likely to be fatally injured than vehicle occupants who are properly restrained
Motorcycle riders are most often killed by cars violating the motorcycle’s right of way
Pedestrians struck by vehicles account for a significant percentage of fatal car accidents
Bicyclists are fatally injured by collisions with motorists who are speeding or distracted
Vehicle defects may be the primary cause of death in some fatal accidents due to the failure of mechanical or safety features
Pursuing a Wrongful Death Claim
In the aftermath of a car accident death, one of the first questions is, “How did this happen?” Many times, that question will be first answered by the police investigation into the crash. Law enforcement agencies typically conduct in-depth investigations into fatal vehicle accidents.

When the authorities decide that negligence caused a fatal car crash, the legal concept of wrongful death comes to the forefront. A wrongful death claim is a demand made by the family member or estate representative on the party whose actions caused the person’s death.

The family of a fatally injured car accident victim has three options for pursuing compensation:

File a claim with the deceased’s insurance company (if the at-fault driver is uninsured or underinsured)
File a claim with the at-fault driver’s insurance company
File a lawsuit against the at-fault driver
Uninsured and Underinsured Motorist Coverage
When the deceased accident victim is a member of your household and the at-fault driver had little or no insurance, you can turn to your family’s auto insurance policy.

Covered household members are those who live with you, including your:

Biological children
Adopted children
Child’s spouse
Children are legally members of your household even if you share custody with a former spouse. So long as the child has a bed in your home, they are members of the household.

Parents who shared custody of a fatally injured child may be able to pursue coverage from auto insurance policies in both households.

Uninsured motorist coverage is mandatory in most states for bodily injury. It includes coverage for wrongful death damages if the at-fault driver had no valid insurance at the time of the crash.

Underinsured motorist coverage is usually optional, although in some states the insurance company is obligated to offer underinsured coverage. Underinsured coverage kicks in when the at-fault driver’s insurance has been exhausted.

Underinsured motorist claims can be tricky because your insurance company will ask you to be satisfied with the at-fault driver’s liability limits. You know that no policy has coverage that can fully compensate you for the loss of a loved one. Your damages will always exceed the at-fault driver’s limits.

Don’t let the adjuster take advantage of your grief. Contact a personal injury attorney to handle a wrongful death claim.
Damages in Wrongful Death Claims
Every state has its own wrongful death laws and deadlines. The laws provide a framework for family members to seek compensation for their monetary losses and emotional damages.

Typically, the deceased person’s family will seek damages including:

Medical bills for emergency services provided to the deceased
Funeral expenses
Pain and suffering of the deceased before death
Loss of anticipated future income and benefits
Spousal loss of consortium
Loss of companionship suffered by family members, including spouses, children, step-children, parents, and siblings
Loss of guidance and mentoring suffered by the deceased person’s adopted or biological children
Each state has different rules governing wrongful death claims. Find your state’s wrongful death laws here.

Proving a Car Accident Wrongful Death
You’ll need to prove you have a valid wrongful death claim whether you:

File a claim against the at-fault driver’s insurance company
File a lawsuit against the at-fault driver
File lawsuits against others who contributed to the wrongful death of your family member
Understanding Negligence and Liability

The basis of your claim or lawsuit is that your loved one died because someone did something wrong or failed to do what any reasonable person would do.