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 Posted: Tue Sep 25, 2007 2:46 pm Post subject: Wrongful Death in Virginia |
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| My daughter in law left Georgia with my son's 3 1/2 year old daughter and moved to Virginia. She was only there 5 months when she passed out behind the wheel, ran off a mountain, and the baby died from head injuries. I received a letter from an attorney saying I would have to file this on my insurance because when she lived in Georgia the Car she drove was in my name and she was listed on my policy, but when the accident happened she was driving her own car with her own insurance. The mother has been charged with reckless driving and we think DWI and now 6 months later I receive a letter from her insurance attorney with a copy for petition for the court in Virginia suing her for wrongful death and stating that her insurance company and my insurance company have decided to settle each paying $25,000. The petition says my son agreed to this and he didn't, it also says that the court is to determine how the remaining money after Lawyers, Funeral, and Medical Bills are deducted is to be distributed. This has been the most horrible thing that has ever happened to my family we loved this child more than life itself and was already in emotional stress when she took the baby away to move to Virginia. This baby had been with us since she was born. We are trying to find out what my son's rights are in all of this so we have hired a lawyer for him in Virginia. Now I am wounding how much my insurance will go up over all of this. |
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Nanny
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| Posted: Tue Sep 25, 2007 4:19 pm Post subject: |
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Welcome to the Community  I am so sorry to hear of your loss. One thing I would ask is, are you keeping in contact with your insurance company? If not, call them and ask where things are, and any questions you may have. I am sure they have their attorney working on this ,you can speak with him also.
We didn't have a wrongful death, but just an accident where someone tried to sue us. The agent, adjuster, and attorney were wonderful- they either contacted me, or I was calling with all sorts of questions, which they assured me.
Best of luck to you and your family, and agin my condolences..KAren
They can answer the questions such as insurance rates going up, etc.. |
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Bossy4455
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| Posted: Tue Sep 25, 2007 6:33 pm Post subject: wrongful death |
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| No they haven't called me since the letter I sent them from the attorney saying I would have to file this on my insurance. My insurance called after I sent the letter and my son and I had to give them recorded statements, and I told them I want to be kept up on what they were going to do. We have heard nothing from my insurance company. I was setting here waiting on them to tell me what they were going to do and then I get these papers in the mail from her attorney and insurance company. This is what has really made me upset no one told us anything until we received these papers in the mail for the petition and wrongful death suit |
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Nanny
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| Posted: Wed Sep 26, 2007 8:09 am Post subject: Try it out! |
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| Quote: | | I received a letter from an attorney saying I would have to file this on my insurance because when she lived in Georgia the Car she drove was in my name and she was listed on my policy, but when the accident happened she was driving her own car with her own insurance. >> |
My friend, let me tell you, just as you want your insurer to work pro-actively, your insurer would also like to carry it in the same way! They might as well be waiting for the next step to be taken in by the party involved & her insurer.
Hence I presume that you've already forwarded photocopies of both these documents (from her attorney & insurer) to your insurer in order to file your complain regarding the claim. Hope things will be better within a short time but in case they are not you always have the right to visit the Department Of Georgia (GA) State Government which governs auto insurance. You may also visit their website at -> inscomm.state.ga.us/INSURANCE
I truly doubt whether for the latter car she'd be able to avail the same benefits that she'd for the car which was registered in your name while she was in Georgia.
All the best for you! Fatman |
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fatman
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| Posted: Wed Sep 26, 2007 10:27 am Post subject: |
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Oh Nanny !!!!!!!
| Quote: | | when she passed out behind the wheel, ran off a mountain, and the baby died from head injuries. |
I am so very very sorry, I cannot imagine the grief (and anger) your family is feeling. This is truly heartbreaking..I too am an Nana/Nanny, and just the thought of one my grandbabies being moved that far from me sends chills down my spine not to mention the loss of this precious baby.
Let me see if I can be of any assistance;
| Quote: | | My daughter in law left Georgia with my son's 3 1/2 year old daughter and moved to Virginia. |
Did your son fight this, at the time? What was the custody arrangement?
| Quote: | | suing her for wrongful death |
WHO, filed the wrongful death suit? Someone had to was it your son? He is certainly entitled...Oh my gosh, it couldn't be your daughter-in-laws parents could it? Or an aunt or something? First thing you need to know (it will be on the suit papers) is WHO filed this suit. Because if NOT your son, someone else is trying to collect or benefit from his childs death. And clearly he is the only one that should receive this (in my opinion). I do not think the state could've done that. A person would've had to file this.
| Quote: | | file this on my insurance |
Virginia must allow stacking, that is what that was about, they are looking for any and all policies that may come into play. She must've still been an 'insured' (under your policy definition of same).
| Quote: | | stating that her insurance company and my insurance company have decided to settle each paying $25,000. |
This is no doubt the policy limits of each policy. And not surprising they would offer full policy limits. If (whomever) has brought this case will not 'settle' for these policy limits, which is the insurance companies job to try and get settled for or within policy limit thus preventing an 'excess' judgement. Meaning if the judgement is in excess of policy limits, (lets just say 30k), then the party who wins this judgement would get the 25k limit from the insurance company then the left over 5k from her or you personally. Understand? That is why they have received (apparently) a release for this amount.
| Quote: | | court is to determine how the remaining money after Lawyers, Funeral, and Medical Bills are deducted is to be distributed |
This is standard, as it is a minor with divorced parents and one parent caused the death of the child. I would hope she is barred from recovery.
| Quote: | | This has been the most horrible thing that has ever happened to my family |
I'm sure it has and hopefully (pray God) that this is the worse thing that EVER happens to your family. I just cannot wrap my head around the amount of grief your family is experiencing.
| Quote: | | Now I am wounding how much my insurance will go up over all of this |
I don't think there is any question it will increase, sometimes if you already had a safe driver discount, you will only lose that. Contact either your agent or the policy services dept of your company they will be able to tell you exactly. Generally, (this is fortunate in your position) it isn't about the severity of the claim. In other words, if there is a 'chargeable' loss, which this one is, and payment exceeds a certain dollar amount usually 500 or so, then it will generate a rate increase. It doesn't (usually or with any of the companies I am familar with), change dependant upon the pay out. A 500 claim will cause the same increase as a 50,000.00 claim will see?
| Quote: | | so we have hired a lawyer for him in Virginia. |
I'm so glad you did. I'm still freaked out about who has filed this suit if not your son? HE would have to be the one agreeing to the offers I would think....Please straighten me out on that I just can't see it NOT being him.
Bossy is correct, call your company NOW, find out who the adjuster is and get their direct phone line...Ask them what on earth is going on.
| Quote: | | are you keeping in contact with your insurance company? If not, call them and ask where things are, and any questions you may have |
...however, after I said that, you might make one call then leave it to your attorney....I would still call atleast once.
| Quote: | | I told them I want to be kept up on what they were going to do. We have heard nothing from my insurance company. |
How long ago was this? Do you still have the number/name of the person you talked to? Did you get a letter (should've immediately) from your company advising you there could be an 'excess policy limit' claim?
| Quote: | | for the petition and wrongful death suit |
Again, who filed this suit? Not your ex-daughter-in-law !!! 
Please let us know Nanny, and again, I cannot come up with words that can truly convey how my heart aches for your loss......
lori |
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Lori
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| Posted: Wed Sep 26, 2007 4:23 pm Post subject: answer to you question |
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| Quote: | | I am so very very sorry, I cannot imagine the grief (and anger) your family is feeling. This is truly heartbreaking..I too am an Nana/Nanny, and just the thought of one my grandbabies being moved that far from me sends chills down my spine not to mention the loss of this precious baby. |
I hope you never have to fell this I thought I was going to die when she took her away and the baby wasn't happy about it either, she loved her nanny and pappy very much and she was the sweetest child I have every had the pleasure of being around. My son, husband, and I went to Virginia 4 times while she was there, one of these times we stayed in a motel for a week so we could spend time with her and all she could tell me is she wanted to come home and there was nothing I could do about it. She thought the sun rose in her pappy and he felt the same about her, he was self employed and she pretty much went to work with him everyday. The day of the accident we were going to Virginia that weekend to pick she was coming to stay with us for a couple of weeks.
post edited - evan |
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Nanny
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| Posted: Wed Sep 26, 2007 4:44 pm Post subject: answer to quiestion |
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| Quote: | | Did your son fight this, at the time? What was the custody arrangement? |
She told him she was going and if he wanted to stay married to her he would have to go to. He has been in Georgia all his life, lived on the same property for 25 years (since he was born) he didn't met her in Virginia he meet her in Georgia living with her divorced mother and he did not want to go. But to keep his family together he agreed to go. He had to clean up the miss she had made here like bad checks and such. After he got most of her miss cleaned up she then told him she didn't want him to come after all she wanted a divorce. No courts or any law what so every got into this we were trying to work this out. We are not the kind that can get a lawyer we work from pay check to pay check and after helping him pick up checks and such and spending money going to Virginia we are broke. After the accident and everything else we went online and did the divorce, he has been trying to track her down to sign them and couldn't because she ran from Virginia and didn't serve any of her Rehab or pay any of her fines. I have one that will blow you away my oldest son is married to her sister, yes my 2 boys married sister at the same time and no the other sister is not on my insurance and never will be I have learned a listen.
post edited - evan |
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Nanny
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| Posted: Wed Sep 26, 2007 6:18 pm Post subject: answer to questions |
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| Quote: | WHO, filed the wrongful death suit? Someone had to was it your son? He is certainly entitled...Oh my gosh, it couldn't be your daughter-in-laws parents could it? Or an aunt or something? First thing you need to know (it will be on the suit papers) is WHO filed this suit. Because if NOT your son, someone else is trying to collect or benefit from his childs death. And clearly he is the only one that should receive this (in my opinion). I do not think the state could've done that. A person would've had to file this.
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Now understand there was no estate at the time of her death they owned nothing and we thought that the mothers auto insurance was going to pay all the bills, my son was prepared to pay any thing that was related to his daughter but not his wife he felt that was her problem. The mother had ask my son at the time if he minded if her step-grandmother (which would be my grand babies great step-grandmother who also lives in Virginia) could handle the estate and he told her yes but to keep him informed. We have been totally in the dark about this until we get these papers that say COME NOW the Petitioner HER INSURANCE COMPANY and the RESPONDENT her step-great grandmother as ADMINISTRATOR pursuant to Virginia Code 8.01-50 et seq of the Code Virginia and petitions this Court to accept and approve a compromise settlement entered into by and between the Administrator, the potential beneficiaries, and so on and so on, it also says my son has agreed to this how could he we knew nothing about it. And to answer about the daughter-in-laws parents they are the ones that hired the lawyer that filed this on my insurance in the first place they never would help is with any of the problems we were having with her as a matter of fact the last time we called them about helping us with a bad check she wrote they told us no she could go to jail now we wish we had let her go. Our grand baby loved her very much and we didn't want to do any thing to upset our grand baby so we put up with a lot of stuff. How would you explain to a 3 1/2 year old way you didn't like her mother so we just tried to keep the piece and she never tried to stop us from seeing her, I guess she has that much compassion in her because as I have already told you all of us were real close to the child. Or it could be that she knew that would be the breaking point and we would have got a lawyer if we had to sell everything we own.
post edited - evan
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| Posted: Wed Sep 26, 2007 6:20 pm Post subject: answers to question |
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| Guest above is me I didn't know I had been logged out |
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Nanny
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| Posted: Wed Sep 26, 2007 6:28 pm Post subject: answer to questions |
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| Quote: | | This is no doubt the policy limits of each policy. And not surprising they would offer full policy limits. If (whomever) has brought this case will not 'settle' for these policy limits, which is the insurance companies job to try and get settled for or within policy limit thus preventing an 'excess' judgement. Meaning if the judgement is in excess of policy limits, (lets just say 30k), then the party who wins this judgement would get the 25k limit from the insurance company then the left over 5k from her or you personally. Understand? That is why they have received (apparently) a release for this amount. |
No her limits or 25/50/25 which I didn't know until the other day, mine are 100/300/100 I have always carried high limits.
post edited - evan |
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Nanny
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| Posted: Wed Sep 26, 2007 6:34 pm Post subject: answer to question |
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| Quote: | This is standard, as it is a minor with divorced parents and one parent caused the death of the child. I would hope she is barred from recovery.
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No they are still married to this day she has finally signed the divorce papers, I explained that above.
post edited - evan |
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Nanny
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| Posted: Wed Sep 26, 2007 6:43 pm Post subject: answer to questions |
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| Quote: | | I'm so glad you did. I'm still freaked out about who has filed this suit if not your son? HE would have to be the one agreeing to the offers I would think....Please straighten me out on that I just can't see it NOT being him. |
He wanted to file wrongful death on her the whole time and I ask him to please just let it go because my grand baby did love her mother and I believe in GOD and I figured this was going to be between her and GOD. Every time I had a bad thought about her I could here my grand baby crying and telling me to leave her mother alone, and she would have been the same way if someone was missing with her Dad, Nanny, or Pappy. So the Estate and her Insurance are filing the Wrongful Death.
post edited - evan |
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Nanny
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| Posted: Wed Sep 26, 2007 6:53 pm Post subject: answer to questions |
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| Quote: | | How long ago was this? Do you still have the number/name of the person you talked to? Did you get a letter (should've immediately) from your company advising you there could be an 'excess policy limit' claim? |
It has been about 6 months or longer. No but I have internet access to the claim so I have the persons name. No we did not receive a letter or a phone call from my company that is what upset me, I fell they should have told us something before they agreed to a settlement and we had told them to call us when they made a decision.
post edited - evan |
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Nanny
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| Posted: Wed Sep 26, 2007 9:09 pm Post subject: |
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WOW ! OK, Her (daughter in law's) policy limits are 25k (the first number is per person, second per accident, so 25k would be the MAX they could pay for our grand baby).
I'm surprised if you have 100/300 limits that ANYONE IN THEIR RIGHT MINDS (frankly) would settle yours for the 25K?
Sounds to me like, the administrator (great step grandma is that right?). Is 'ram-roding' this show. PLEASE PLEASE PLEASE....Communicate with the attorney you have hired for your boy, YOUR SON, as father (and only parent NOT responsible for her death) should be the first (and only) beneficiary to her (your grandbabies) estate. Now, others can file claim to it. (ie step great grandma, mom etc) but I doubt a judge will give them anything.
You are going to have a rate increase for this, it will not matter if 25k or 100k is paid out. Please encourage your boy to collect on this agresssively rather than allow 'fringe' relatives to take this over. Nanny it is going to be paid, no matter what, I think your boy could do alot with this money, if he doesn't want it himself, then he could start a foundation to help children hurt or killed by drunken parents.
I have a very strong faith myself, and I understand what you are saying, and likewise (early on) had to put up with some things from a daughter in law I didn't like, in order to maintain contact w/'my' grand daughter (seems ok now!)....But, there are times when it is ok, to proceed against the injurious party. Especially when there is a 'pattern' of bad behavior, rather than an isolated incident of bad behavior or poor choices.
It seems that once again this misguided girl has AGAIN set your son up !!!!!!
| Quote: | | if he minded if her step-grandmother (which would be my grand babies great step-grandmother who also lives in Virginia) could handle the estate and he told her yes but to keep him informed. We have been totally in the dark about this until we get these papers that say COME NOW the Petitioner HER INSURANCE COMPANY and the RESPONDENT her step-great grandmother as ADMINISTRATOR pursuant to Virginia Code 8.01-50 et seq of the Code Virginia |
Please do this contact your attorney NOW, tell him you need help NOW, get this settlement stopped until your son's attorney can protect him...Also call your adjuster and tell them that this settlement is in dispute, (your son's attorney should've already sent a rep letter)........
| Quote: | | I have one that will blow you away my oldest son is married to her sister, |
OH MY GOSH!!!!!!!!!!!! It just doesn't end does it? How does she feel about this?
My fear Nanny is that step great grandma is setting this up to get most of the settlement then funnell that money to mom for defense money.......this just isn't right...........
| Quote: | | The day of the accident we were going to Virginia that weekend to pick she was coming to stay with us for a couple of weeks. |
If you are a woman of faith as I am, then you know there is a reason that the Lord has behind all of this that we simply cannot know right now. Keep your faith, and grab ahold tight.... |
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Lori
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| Posted: Thu Sep 27, 2007 1:41 pm Post subject: Thanks Lori |
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| Quote: | I'm surprised if you have 100/300 limits that ANYONE IN THEIR RIGHT MINDS (frankly) would settle yours for the 25K?
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The lawyer I have hired ask me what the limits on my policy are when we talked, I guess that is why he told me his first objective is to go for more money and the second objective is to determine who will get the surplus.
post edited - evan |
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Nanny
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