Insurance payout for death of daughter in car accidnet

Asked about 6 years ago - Dekalb, IL

My daughter was killed in a car accident in January 2007. I have not used an attorney and am dealing with the insurance companies myself. Company A is for the car that caused the accident, and Co B is for the car that my daughter was a passenger in. Co A has agreed to their policy maximum, and company B had agreed to their policy maximum for underinsurance. The dollar amount had been stated. Right after the accident I received $5,000 from my insurance and $1,000 from companies A & B for funeral expenses. the $5,000 is required by the state of Illinois. Now lawyers for Co B want to deduct the $7,000.00 from the amount that had been agreed upon. They are stating that they did not know about the $7,000 when their offer was made becasue I did not disclose it to them. I think that they should have know about it, especially seeing that they paid part of it, and that they shoud pay the full amount that I had agreed to. What do you think? Is this a breach of contract, and do I have a right to the full amount?

Attorney answers (3)

  1. Peter LaSorsa


    Contributor Level 14

    Answered . You should hire a wrongful death attorney or at the least consult with one. You may be leaving a great deal of money on the table.

  2. Scott Alan Schanks

    Contributor Level 8

    Answered . You need a lawyer. The insurance company will do things in their interests only. They will not consider your interests. Only a good lawyer in the area of personal injury and wrongful death cases will get you the money you are entitled to.

  3. Salim John Sheikh

    Contributor Level 17

    Answered . I echo the advice of my colleagues. Find a Personal Injury attorney. The insuracne co. does not deal with layman on the same level.

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