Legal Question in Personal Injury in New York

Law suits filed against an estate

If a man falls asleep at the wheel and kills passengers of an oncoming car (and dies himself), can the family of the other passengers sue his estate? Can they get his life insurance and retirement? Is his widow responsible for collections in a civil suit? Could they take his (her) house and cars?


Asked on 7/06/02, 10:24 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Law suits filed against an estate

The decedent's estate would be responsible to pay off any judgment entered against it. If the life insurance & pension go to the estate iknstead of a named beneficiary they can be used. The wifes property is not subject to the judgment.

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Answered on 7/08/02, 12:11 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: Law suits filed against an estate

Generally speaking, all cars are covered by insurance. The first step is to get the police report. It should contain the insurance information. Next, the individual driver and owner should be sued. Next, if the dead driver was both driver/owner, then the estate must be sued..but there should still be the insurance coverage available.

(Personal assets of a spouse are that, personal to the spouse. Her assets cannot be used for something she had no repsonsibility for.)

Also, check the insurance policy for the non-offending vehicle ... There is something called SUM coverage which may become important if the offending vehicle has limited coverage.

In the event that you have any other questions, please feel free to contact me [email protected] or call me at any of the following numbers ... 845-878-2163 or 212-764-5428.

Good Luck

RRG

P.S.--From the date of the accident, you now have(courtesy of the insurance companies,only 30 days to notify your own insurance company to get No Fault benefits and coverage. The time was cut back from 90 days.

RRG

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Answered on 7/08/02, 2:20 pm


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