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What damages recoverable from deceased driver's estate for wrongful death of passenger if driver has no assets |
If both the driver and passenger died in the automobile accident, what damages can the passenger's estate recover from the driver's estate. Both the driver and passenger were of majority age. The passenger's parents are suing the driver's estate (driver's parents), who have no assets but for auto insurance coverage. Wouldn't the passenger's parents' claims be against the deceased driver based on negligence and not against the driver's parents for any wrongdoing? Therefore, the only recovery from the deceased driver's estate (parents) would be the money based on their auto insurance coverage (since parents owned and insured the car)? (In this instance, there is no issue of the parent's negligently lending the car to their child). Good luck with that, remember the saying that you can't get blood from a turn up. If the driver had no assets good chance he was a turn up. . |
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