If my son was killed in an auto accident due to a wrong way driver (who also died) but their insurance only has a $15,000 death benefit, what course of action should I take?

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If my son was killed in an auto accident due to a wrong way driver (who also died) but their insurance only has a $15,000 death benefit, what course of action should I take?

My son has a daughter that is only 4 years old and I would like to take care of her.

Asked on August 1, 2014 under Personal Injury, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can try suing the estate of the deceased driver for additional money, but that may not work out well, if the estate has little or no assets--since there won't be any continuing income for obvious reasons, what is there is all that can be recovered. If the driver had little insurance, then it is likely that he either little worth protecting and/or didn't have the money to afford better insurance. It is worth discussing with an attorney, but be prepared that this may be a situation where you do not really have any worthwhile options.


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