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Your question is difficult to understand, Is this anywhere close to the circumstances? Your sister was killed in A car crash while your brother in law was driving, He had no insurance on the car, Now you want to sue your brother in law? Is that close? In don't think you have any grounds, because your sister was the spouse so she had no insurance either by default. I think the best you could hope for is: prove negligants, and sue for wrongfull death. Still, its A long shot.

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16y ago
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15y ago

You sue the deceased person's estate if there is one. The summons and complaint are served upon the executor just as if they would be served upon the decedent. This becomes a claim against the estate and the executor has to treat it as if it were a debt. The state can deny the claim just as the decedent could have and the matter would go to court as any lawsuit in a car accident would. Generally, the estate just turns the claim over to the insurance company to deal with. The insurance policy remains in effect to cover actions by the decedent prior to his death.

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Q: Can someone sue a spouse if the other spouse was uninsured in an auto accident and the spouse is dead?
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Will uninsured motorist cover damages caused if the other vehicle is stolen?

Uninsured will not cover this type of accident. Your comprehensive will cover this type of damage.


What kind of insurance pays for a car accident you are in if the other person involved has no insurance?

Uninsured motorist coverage


If you are at fault for an accident and then find out you are uninsured but willing to pay What is next?

Bad news. If you are uninsured, do not have an accident. If you can manage to pay the other person for the damages in an arrangement that is satisfactory to both of you, then you could be off the hook. Otherwise, you are looking at some major trouble.


If someone has a car accident and does not have insurance how is the other motorist compensated for damages?

Your insurance policy most likely has a clause that protects you up to a certin amount if you are in an accident with an uninsured driver. You can also hire a lawer and sue the other driver for any damages (along with lawer and court fees).


What happens if there is an autombile accident with a motorcycle and you have insurance but the other motorcyclist does not have a license or registration?

Same as if it where 2 cars. The uninsured driver will be sited and then your insurance will pay for the repairs and try and collect from the uninsured driver, if you have uninsured or underinsured coverage, if not you can take the uninsured driver to small claims court.


If in an at fault accident and you have no insurance and there is no injurys to either party and no police come and make a report what should the uninsured driver expect in California or any state?

The uninsured driver, assuming they are at fault, can expect to be pursued civilly by either the other driver's insurance company or the other driver. The uninsured motorist can be sued for damages and any other expenses incurred as a result of the accident, including court costs.


Do accident claims by one spouse affect the other spouse if they have a separate policy?

Depends on several things. What type of accident, are the people residing in the same residence, etc.


If your family co-owns an uninsured personal watercraft with three other families what is the liability of the other owners if someone has an accident that results in injury or property damage?

Everyone who is an owner will be liable and a good lawyer will sue them all individually and as a group.


Can you get insurance co using the UM PD to pay for hit and run damage when you did not get the license plate and also you are not insured with Comp and Coll coverage?

UM PD (Uninsured Motorist, Property Damage) may not cover hit and run because this coverage kicks in only when the other party causing the accident is legally uninsured. Since there is no evidence that the other party was legally uninsured then coverage is not provided unless the other hit and run vehicle is discovered and is ruled to be legally uninsured at the time of hit and run accident.


If you had an accident that was your fault you have uninsured motorist coverage the other driver was uninsured do you have to pay all the costs?

The at fault driver is responsible regardless of who has or does not have insurance. You were at fault, you get the bill. Fortunately though you have insurance. So they get the bill.


How much money do you get if you are in a car accident and it was not your fault?

That depends how costly the accident was. If the other driver is uninsured I doubt anything. But if everything is legit and you go get an estimate and your insurance adjuster will discuss that for you.


What will happen if you are a passenger in a car that has a severe accident and you are severly injured The car is uninsured and the driver who doesn't own the car is uninsured?

If there was another vehicle involved and the accident was that driver's fault you can file a claim through their insurance. Otherwise, the only other place to go is through your insurance. You can use your medical coverage (if you have it) and you should have "uninsured motorist bodily injury" coverage that you can use.