How do I file a claim in a wrongful death case?

 

A:

How do I file a claim in a wrongful death case?


If the death involves a motor vehicle accident, the very first step is to make a phone call to your insurance agent and let him/her know that a tragic accident has occurred. In most other accident cases you should contact the at-fault party or that party’s insurance company. You will want to obtain the claim number from the at-fault party’s insurance company. If a claim has not been opened, then you will want to give the carrier some basic information about what occurred. This may include the date and location of the accident and the names of the individuals involved.  Most of the information needed initially will be contained in the police report, so you may wish to obtain a copy of the report first before discussing the details of the claim with the at-fault carrier.

You may also wish to delay talking to the insurance adjustor about the specifics of the claim until the initial shock of the accident has worn off. I have seen insurance adjustors use bereavement family member’s shock and grief to the advantage of the insurance company. If you are distraught and overwhelmed by the loss of a loved one, you may say or do things that may impact the claim in the future. Statements you make about the deceased or what happened in the accident can be used against you later on if a wrongful death case be filed. Keep in mind that just because an insurance company representative calls you does not mean you are obligated to speak with him/her. Your only obligation is to yourself and your family during a difficult time like this. 




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