When a person is injured in a motor vehicle collision in Georgia, the at-fault party is liable to compensate the victim for their damages. The same is true when a person dies in a car accident, in which case the insurance company is usually responsible for paying for the victim’s damages. An insurance payout in a fatal accident claim can get complicated, however, and may require the help of an Atlanta car accident lawyer from Rafi Law Firm.

What does an insurance company have to pay when a person dies in a car accident?

What is the insurance payout for a car accident death?

The payout amount for a car accident death insurance claim depends on several factors. Factors such as the degree of liability and the total damages suffered by the accident victim and their family are considered. In nearly all cases, the insurance company will try to minimize the amount it pays for a car accident death, which is why retaining a car accident attorney in Atlanta is beneficial.

Which insurance company pays when a person dies in a car accident?

Georgia is an at-fault state, meaning the at-fault driver is responsible for compensating the victim for their injuries and other losses. If the liable driver has insurance, their insurance company must pay for the victim’s injuries and damages if a person dies in a car accident. State law requires drivers to have liability insurance with certain minimum policy limits.

Who gets the payout from a fatal car accident insurance claim?

In Georgia, only specific individuals can bring a car accident death insurance claim on behalf of their loved one. According to state law, the following parties may be eligible to get an action for compensation after a fatal car accident:

  • A surviving spouse
  • Surviving children
  • Surviving parents
  • The estate of the deceased victim

In instances wherein the deceased party had a spouse, that spouse should receive at least one-third of the compensation regardless of what other surviving family members exist. Mike Rafi and his team can answer any questions you have about whether you can file a claim. If you are eligible, we can then help you obtain compensation after the loss of your loved one in a car accident.

What damages does the insurance company have to pay for when someone dies in an accident?

Damages that an eligible party can collect after their loved one dies in a car accident can include economic and non-economic damages. Examples of monetary damages include medical bills before death and burial and funeral costs. Non-economic damages include loss of companionship, loss of future income, and pain and suffering that the deceased person experienced between the initial injury and death.

What if the at-fault driver’s policy limit is insufficient to cover your car accident death insurance claim?

In some cases, the at-fault driver may not have insurance, or their policy limits may not be enough to cover the damages obtained from your loved one’s fatal car accident. If this happens, you may also need to contact the deceased’s insurance company for compensation. If they had uninsured or underinsured motorist coverage, compensation may also be obtained from those policies up to their limits.

Where can you get help filing a fatal car accident insurance claim?

Many factors determine what an insurance company must pay when a person dies in a car accident. Adjusters will do what they can to pay as little as possible for a fatal accident insurance claim. As such, you should call a car accident lawyer as soon as possible to discuss your options for filing a claim for damages after your loved one’s fatal collision.

If you’ve been injured in an accident in Atlanta, GA,  contact the personal injury lawyers at Rafi Law Firm today for a free consultation. We proudly serve clients throughout Fulton County and the greater Atlanta metro area in Georgia.

Rafi Law Firm – Atlanta
1776 Peachtree St NW UNIT 423, Atlanta, GA 30309
(404) 800-9933

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About Mike Rafi

Mike Rafi is the founder and managing attorney of Rafi Law Firm. Based in Atlanta, GA, he represents individuals and families in serious personal injury and wrongful death cases, including those involving car and truck accidents, dangerous properties, and defective products.

Mike and his team have recovered more than $150 million for injured clients and have earned recognition from Super Lawyers, Atlanta Magazine, and Georgia Trend’s Legal Elite. He has also received the Distinguished Leader Award from Law.com. Mike is known for his strategic approach to litigation and commitment to delivering clear, client-focused representation.

Click here to see some of the firm’s most notable case results.

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