Passenger in vehicle died as a result of single car accident. The Driver is insured under their own policy, the vehicle involved was owned by passenger's family member. The passenger left behind a wife & adult children. The vehicle involved in accident was registered & insured under one the passenger's child. Who is entitled to money from a wrongful death suit?
General Practice Lawyer
I agree with Mr. Crosner. I am so sorry to read of this tragedy. You do need to sit down with a local personal injury attorney to fully understand your rights.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
Personal Injury Lawyer
My condolences to the family. Except in those cases where the insurance company has breached its obligations to its insured, in which case it can be sued for "bad faith" breach of contract, insurance companies are rarely the defendants in cases. In this situation the defendant would not be the insurance company but rather the negligent party that caused the accident - i.e. the driver. The plaintiffs would be the decedent's wife and children, and any of the decedent's parents who were dependent on him for support (this is defined pretty broadly). These people will share the recovery in proportion to the support they lost from the decedent: in this case the wife most likely would receive the largest share.
Your question does identify a legitimate issue because many if not most automobile insurance policies exclude coverage for liability to family members of the insured. That probably will create issues in your case, and the key for your lawyer will be to sort out whether and where there is coverage that is not defeated by this exclusion. Based on the facts you present there may be several policies that offer coverage and hopefully at least some of them offer coverage in your case.
Car / Auto Accident Lawyer
Sorry to hear about your loss. EVERYTHING will likely come down to coverage under the insurance policy. If the party only had liability insurance then they are most likely out of luck. That is the short and quick answer. I'm sure any attorney you contact on this page can discuss the case in more detail when you provide the coverage information.
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Personal Injury Lawyer
A lawyer would need to review the policy.
Personal Injury Lawyer
There will be a claim for the decedent's spouse and children (if none then it goes down the family line) against the driver's policy. From there your facts are confusing - you will need to sort out the insurance coverages and go from there. It will be important to determine if the decedent is considered an insured under the family member's policy which may be another source of recovery. Consult an attorney