CA pedestrian killed. unmarried w/ kids. Insurance offering policy limit. Problem: not listed as dad 4 1kid on birth certificate
Ok, so pedestrian killed by a person with very meager assets...and fault is questionable. Driver had a 15/30 policy. Decedent pedestrian had 3 kids with his long term girlfriend. The insurance company offered to tender the 15k to the minors, but require a minor's compromise hearing. They also asked for birth certificates proving he was their father.
The problem is: THey are all his kids but on one of the birth certificates it lists father as unknown.
What the heck do we / can we do about this now????
4 attorney answers
A couple of things. If the mother is the same, see if a declaration under penalty of perjury will suffice. If the decedent had automobile insurance covering him with more than 15/30 limits, and uninsured motorist coverage, a claim can be made under the underinsured motorist provisions of the policy. You may want to consult with an experienced personal injury attorney to see if there are other avenues that can be pursued.
A paternity action may be filed posthumously to establish the paternity of a child with a deceased parent, thereby establishing the child's right to bring a wrongful death claim. I have done this on numerous occasions for my clients. Please consult with an experienced personal injury lawyer, and a probate specialist. Many times, an insurance company will accept an "affidavit of heirship" to establish who is entitled to recover under these circumstances. If you are having a minor's compromise hearing, it is probably wiser to cross your t's and dot you i's. Good luck.
I suggest that you consult with a family law attorney. I do not believe the birth certificate would be conclusive in any way, You need to discuss the situation with a locally licensed attorney.
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