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How does insurance work in wrongful death DUI cases?

On Behalf of | Mar 28, 2025 | Wrongful Death DUI

When a DUI causes a fatal accident, surviving family members face emotional and financial struggles. One concern is how insurance works in wrongful death cases. Insurance coverage can affect compensation and how quickly families receive funds. Let’s break it down.

Insurance coverage for the at-fault driver

In California, if the driver at fault has insurance, it may cover damages. This includes liability insurance, required for all drivers in the state. Liability coverage can pay for medical bills, funeral expenses, and lost wages. It can also cover non-economic damages, depending on the policy limits.

However, if the insurance is insufficient to cover damages, the individual’s family may seek compensation from the driver’s personal assets or other sources.

Uninsured or underinsured motorist coverage

If the at-fault driver lacks adequate insurance, the family of the deceased may have recourse through their own insurance policy. California law requires insurers to offer uninsured or underinsured motorist coverage, which provides compensation when the at-fault driver’s insurance doesn’t fully cover the damages. This coverage is essential when the responsible party lacks sufficient insurance.

The role of life insurance

In addition to the at-fault driver’s car insurance, life insurance may play a role. If the deceased had a policy, the surviving family may claim a death benefit to help with funeral expenses or financial support. Life insurance is often crucial when the deceased was a primary breadwinner.

How to maximize insurance compensation

To maximize compensation in a wrongful death DUI case, understanding policy limits, seeking additional coverage, and negotiating with insurers is key. In some cases, families may need professionals to help navigate the claims process.

While money can’t replace the loss of a loved one, insurance can help cover financial burdens. By understanding insurance options and pursuing all available compensation, families can ease some financial challenges during a difficult time.

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