What Insurance Pays for Wrongful Death Claims?

Understanding available insurance coverage is crucial for wrongful death recovery. Multiple insurance policies may apply to a single death, and identifying all sources of compensation requires thorough investigation and legal expertise.

At Atlanta Auto Law, our wrongful death attorneys meticulously investigate every potential insurance source, often uncovering coverage that families didn’t know existed. We maximize recovery by pursuing all available policies and fighting for full policy limits.

Primary Insurance Coverage Sources

Auto Liability Insurance

The most common coverage for traffic-related deaths:

• Georgia minimum: $25,000 per person (woefully inadequate)
• Typical coverage: $100,000 to $300,000
• Higher limits: Some drivers carry $500,000 to $1 million
• Bodily injury liability: Covers death claims
• Multiple vehicles: Each at-fault driver’s coverage applies

Commercial Vehicle Insurance

Commercial truck accidents involve higher coverage:

• Federal minimum: $750,000-$1 million for interstate commerce
• Typical coverage: $1-5 million for large trucking companies
• Hazmat carriers: $5 million minimum required
• Bus companies: $5 million for 16+ passengers
• Delivery vehicles: Usually $1 million minimum

Umbrella/Excess Liability Policies

Additional coverage beyond primary policies:

• Personal umbrellas: $1-5 million typical
• Commercial excess: $5-100 million for businesses
• Triggers above primary: Kicks in after base coverage exhausted
• Broader coverage: May cover excluded situations
• Asset protection: Wealthy individuals often carry high limits

Business and Commercial Insurance

General Liability Insurance

Covers business-related deaths:

• Premises liability: Customer deaths on property
• Products liability: Defective product deaths
• Operations coverage: Work-related fatalities
• Typical limits: $1-10 million
• Aggregate limits: Annual claim maximums

Professional Liability (Malpractice)

• Medical malpractice: $1-3 million typical
• Legal malpractice: May apply in certain deaths
• Engineering errors: Design defect fatalities
• Claims-made policies: Coverage timing crucial

Workers’ Compensation Insurance

While limiting employer liability, exceptions exist:

• Third-party claims: Against equipment manufacturers
• Intentional acts: Employer violence or extreme negligence
• Dual capacity: Employer as product manufacturer
• Uninsured employers: Personal liability exposure

Property-Based Insurance Coverage

Homeowners Insurance

Covers deaths on residential property:

• Liability coverage: Usually $100,000-$500,000
• Dog attacks: Fatal animal incidents
• Swimming pools: Drowning deaths
• Slip and falls: Fatal premises accidents
• Negligent maintenance: Dangerous conditions

Renters Insurance

• Personal liability: $100,000-$300,000 typical
• Guest injuries: Fatal accidents in rental
• Negligent acts: Fire, flooding causing death

Landlord Insurance

• Premises liability: Tenant or visitor deaths
• Negligent maintenance: Code violations, repairs
• Common areas: Stairway, parking lot fatalities
• Higher limits: Often $1 million+

Your Own Insurance Coverage

Uninsured Motorist (UM) Coverage

Protects when at-fault driver has no insurance:

• Matches liability limits: Often $100,000-$1 million
• Hit-and-run deaths: When driver flees
• Stolen vehicle deaths: Thief has no coverage
• Excluded drivers: Policy doesn’t cover driver
• Stacking allowed: Multiple vehicles multiply coverage

Underinsured Motorist (UIM) Coverage

Supplements inadequate at-fault driver coverage:

• Triggers when damages exceed: At-fault driver’s limits
• Reduces by amount paid: Coordinates with liability
• Critical for serious claims: Most drivers underinsured
• Family coverage: Protects all household members

Specialized Insurance Policies

Dram Shop/Liquor Liability

Bars and restaurants serving drunk drivers:

• Commercial coverage: $1 million typical
• Host liquor liability: Private party coverage
• Social host coverage: Some homeowners policies
• Strict requirements: Proving over-service

Event Insurance

• Concert/festival deaths: Crowd crush, stage collapse
• Sports events: Spectator fatalities
• Wedding liability: Guest deaths at venues
• High limits available: Major events carry millions

Recreational Insurance

• Boat liability: Boating accident deaths
• ATV/motorcycle: Recreational vehicle fatalities
• Aircraft liability: Private plane crashes
• Country club coverage: Golf cart accidents

Stacking Multiple Insurance Policies

How Policy Stacking Works

Combining multiple coverages for maximum recovery:

1. Primary coverage exhausted first: At-fault driver’s liability
2. Excess/umbrella triggered: Additional layer activates
3. Employer coverage: Vicarious liability policies
4. UIM coverage applies: Your own protection
5. Other liable parties: Additional defendants’ coverage

Example: Fatal Truck Accident

• Truck driver liability: $1 million
• Trucking company excess: $4 million
• Cargo loader liability: $1 million
• Your UIM coverage: $500,000
• Total available: $6.5 million

Insurance Company Tactics to Minimize Payment

Coverage Denials

• Policy exclusions: Claiming death not covered
• Intentional acts: Arguing deliberate harm
• Coverage disputes: Who was driving, ownership
• Late notice: Claiming delayed notification
• Cooperation issues: Alleging non-compliance

Limit Exhaustion Claims

• Prior claims: Aggregate limits reached
• Multiple claimants: Dividing inadequate coverage
• Interpleader actions: Court divides limited funds
• First-come basis: Racing to exhaust coverage

Bad Faith Insurance Claims

When insurers wrongfully deny or underpay:

• Failure to settle: Within policy limits when clear liability
• Unreasonable delays: Stalling tactics
• Inadequate investigation: Ignoring evidence
• Misrepresenting coverage: False policy interpretations
• Additional damages available: Attorney fees, penalties

Finding Hidden Insurance Coverage

Investigation Techniques

• Asset searches: Revealing umbrella policies
• Business records: Commercial coverage discovery
• Subpoenas: Forcing disclosure of all policies
• Depositions: Questioning about coverage
• Public records: Property ownership, businesses

Common Hidden Policies

• Personal umbrellas: Not always disclosed
• Business ownership: Commercial coverage
• Multiple properties: Various liability policies
• Classic car policies: Specialty coverage
• Professional coverage: Side business insurance

Insurance Coverage by Death Type

Car Accident Deaths

• Auto liability (all involved drivers)
• Umbrella policies
• UM/UIM coverage
• Employer coverage (work-related)
• Rental car insurance

Workplace Deaths

• Workers’ compensation
• General liability
• Third-party liability
• Equipment manufacturer coverage
• Contractor insurance

Premises Deaths

• Property owner liability
• Business general liability
• Security company coverage
• Maintenance contractor insurance
• Municipality coverage (public property)

Frequently Asked Questions

What if the at-fault party has no insurance?

Your uninsured motorist coverage provides protection. Additionally, we investigate personal assets, employer liability, and other potentially liable parties with coverage.

Can we collect from multiple insurance policies?

Yes, policy stacking is common in wrongful death cases. We pursue all applicable coverage to maximize recovery, often combining multiple policies worth millions.

How long do insurance companies have to pay?

Georgia law requires prompt payment once liability is clear. Unreasonable delays can trigger bad faith claims with additional damages.

Ensure Maximum Insurance Recovery

Identifying and pursuing all available insurance coverage is critical for wrongful death compensation. Insurance companies won’t volunteer information about additional coverage, and finding hidden policies requires experienced legal investigation.

Contact Atlanta Auto Law today for comprehensive insurance coverage analysis. We’ll investigate every potential source, stack multiple policies, and fight for maximum recovery from all available insurance. Don’t let hidden coverage go unclaimed.

Related Resources:

• Can You Sue for Wrongful Death with Workers’ Comp?
• Multiple Defendants in Wrongful Death Cases
• What If At-Fault Party Has No Insurance?
• Understanding UM/UIM Coverage