Insurance payout??

younggalway

This may be in the wrong place but im sure it wont be long before its moved if thats the case..

Anyway, slightly morbid question but here goes..
If someone(say in their early 20's) dies in a car accident caused by someone else, but willingly got in the car(lets say drink was involved)

Would the family of the deceased recieve compensation??

johnos1984

I hope you're not planning anything......(and that's not a joke)

MidlandsM

Yes, on a contributory basis if they can prove they got into the car willingly.

younggalway

johnos1984 wrote: »

I hope you're not planning anything......(and that's not a joke)

haha, no. im happy enough living for the moment anyway!! Its just a case I heard aout recently and i was wondering if the family could sue the driver(who survived) or their insurance company even if their son(who died) got into the car on his own accord knowing the driver was under the influence.

johnos1984

younggalway wrote: »

haha, no. im happy enough living for the moment anyway!! Its just a case I heard aout recently and i was wondering if the family could sue the driver(who survived) or their insurance company even if their son(who died) got into the car on his own accord knowing the driver was under the influence.

I imagine it's a better question for the legal forum but I imagine they can take a case against the driver but I'm not sure under what they could sue

MidlandsM

There are payments made to the family of the dead occupants in these situations. When I used to be in the insurance game, we took into account if the deceased had dependants also and their job/income to establish what money to award.
In short, the family of the deceased would need to contact a good solictor to act on their behalf.

msg11

younggalway wrote: »

haha, no. im happy enough living for the moment anyway!! Its just a case I heard aout recently and i was wondering if the family could sue the driver(who survived) or their insurance company even if their son(who died) got into the car on his own accord knowing the driver was under the influence.

Well first off, the driver should not have drove the car. If he didn't then the guy who died would not have had the opportunity to get into the car. So weather he was willing to get into the car is not the question here. The driver could have told him he is fine, and the passenger took thatas is or in a drunken state seen it as a quick lift home.

That aside I do believe the insurance company will pay out a fair amount and then take the driver to court for settlement. So basically the insurance company pay for damages and grievance, then the insurance company will sue the driver.

Although they could throw his claim out the window and rightly so, as he technically voided his contract drink driving. If that is the case then I would get onto , the Irish Insurance Federation to see what the story is.

ResearchWill

Short answer is yes, there is a limit of €25,000 for general damages (pain and suffering) special damages are unlimited in such fatal injuries claims that includes cost of funeral etc. If the person had children they can claim as part of specials the money he would have earned to keep them. The case with need an actuary to give evidence. There may be an issue of contributory negligence. My advice go see a solicitor straight away, he will make a claim with PIAB first they have a special fatal injuries form. If authorisation issues then claim to court must name all who may be a beneficiary.

ResearchWill

msg11 wrote: »

Well first off, the driver should not have drove the car. If he didn't then the guy who died would not have had the opportunity to get into the car. So weather he was willing to get into the car is not the question here. The driver could have told him he is fine, and the passenger took thatas is or in a drunken state seen it as a quick lift home.

That aside I do believe the insurance company will pay out a fair amount and then take the driver to court for settlement. So basically the insurance company pay for damages and grievance, then the insurance company will sue the driver.

Although they could throw his claim out the window and rightly so, as he technically voided his contract drink driving. If that is the case then I would get onto , the Irish Insurance Federation to see what the story is.

No offence but I hope you are not a lawyer, or any one takes your advice. Please don't take offence but there is so much legally wrong with your answer.

msg11

ResearchWill wrote: »

No offence but I hope you are not a lawyer, or any one takes your advice. Please don't take offence but there is so much legally wrong with your answer.

No offence taken. A friend of mine crashed his car drunk. Insurance paid out for damage to the wall he crashed into, then sued him for the damages. As it said in his contract, that operating the underwritten car under the influence of alcohol, drugs or substance likely to compromise your driving will void your policy.

Not the same as someone losing there life, but it's my two cents. And in fairness such matters of the above topic really should not be answered on a public forum but threw the right channels. A solicitor or IIF would be were I would look for an answer!

Also the settlements would vary from company to company, I know from reading recently Quinn will only pay out up too 30,000,000 for an accident.

http://www.quinn-direct.com/ireland/documents/motor_policy_roi.pdf

Page 8 ; Personal Accident, lower B .

MugMugs

Standard payment for Tear Money is €10k to €15k

Insurers generally don't argue the toss on Tear Money so willingly getting into a doomed car usually doesn't matter

MugMugs

msg11 wrote: »

No offence taken. A friend of mine crashed his car drunk. Insurance paid out for damage to the wall he crashed into, then sued him for the damages. As it said in his contract, that operating the underwritten car under the influence of alcohol, drugs or substance likely to compromise your driving will void your policy.

Not the same as someone losing there life, but it's my two cents. And in fairness such matters of the above topic really should not be answered on a public forum but threw the right channels. A solicitor or IIF would be were I would look for an answer!

Also the settlements would vary from company to company, I know from reading recently Quinn will only pay out up too 30,000,000 for an accident.

http://www.quinn-direct.com/ireland/documents/motor_policy_roi.pdf

Page 8 ; Personal Accident, lower B .

You are quoting "Personal Accident" which is a "Benefit" policy and not a Liability Policy.

You're also talking "threw" your backside and should probably refine your conversation to topics you know about.



OP

It's all very variant. As ResearchWill said, there are different factors to be taken into consideration like dependents etc etc....

It would be tough for an Insurer to prove they got into the vehicle knowing the driver was intoxicated and furthermore, Judges are "generally human" and will usually side with the Plaintiff.

ResearchWill

msg11 wrote: »

No offence taken. A friend of mine crashed his car drunk. Insurance paid out for damage to the wall he crashed into, then sued him for the damages. As it said in his contract, that operating the underwritten car under the influence of alcohol, drugs or substance likely to compromise your driving will void your policy.

Not the same as someone losing there life, but it's my two cents. And in fairness such matters of the above topic really should not be answered on a public forum but threw the right channels. A solicitor or IIF would be were I would look for an answer!

Also the settlements would vary from company to company, I know from reading recently Quinn will only pay out up too 30,000,000 for an accident.

http://www.quinn-direct.com/ireland/documents/motor_policy_roi.pdf



Page 8 ; Personal Accident, lower B .

The use of alcohol does not void your policy, but an insurance company may claim that the illegal action of the insured led to the accident and so the award, my advice would be to fight any such claim.

Yes settlements do vary from company to company, it's up to the Plaintiff to accept or reject any such offer and ask the courts to decide. But in any case fatal injuries the general damages are limited to €25,000. in any other Personal Injuries Generals have been limited by a 2010 case to €450,000. Specials are unlimited, and include all out of pocket expences. The €30,000,000 you mention is the limit the insurance company will pay on any one claim for property damage, I believe that the policy says it will pay legal inability for personal injuries or death, to the best of my knowledge in Ireland no personal injuries claim has exceeded 6,000,00 or there abouts.

msg11

MugMugs wrote: »

You're also talking "threw" your backside and should probably refine your conversation to topics you know about.

Am I missing something ? This is a public forum, if I want to voice my option on a subject I will. I never once said I was an expert, and all I said above was from talking to people and reading online. I may be talking threw my arse. And it looks as if I was wrong, and I will admit it.

ResearchWill seems to know what he is talking about, so I want to clear up a few things which people have told me that why I have continued posting and posted a link to the Quinn policy it's not to show off , it's too voice my point on what I have been told. Which I now know is wrong so I want to clear it up.

ResearchWill wrote: »

The use of alcohol does not void your policy, but an insurance company may claim that the illegal action of the insured led to the accident and so the award, my advice would be to fight any such claim.

Yes settlements do vary from company to company, it's up to the Plaintiff to accept or reject any such offer and ask the courts to decide. But in any case fatal injuries the general damages are limited to €25,000. in any other Personal Injuries Generals have been limited by a 2010 case to €450,000. Specials are unlimited, and include all out of pocket expences. The €30,000,000 you mention is the limit the insurance company will pay on any one claim, to the best of my knowledge in Ireland no personal injuries claim has exceeded 6,000,00 or there abouts.

Cheers, you seem to know your stuff.