The Shoulder
The Shoulder
57
Insurancepatient-badger-480

Dad was killed by a driver with barely any insurance. What are our options?

I'm not even sure how to write this out without falling apart, but I need some guidance from people who might understand what we're going through.

My dad was struck by another driver while he was crossing a parking lot on foot back in the spring. He survived the initial impact but passed away about six weeks later from complications tied directly to the crash injuries. It has been the most devastating thing our family has ever been through, and now on top of the grief we're drowning in paperwork and phone calls.

The at-fault driver's insurance company contacted us and basically said their policyholder only carried the state minimum — which amounts to almost nothing when you stack it against what the hospital bills look like. Dad had his own auto policy but we honestly don't know what coverage he had or whether any of it applies here since he was on foot.

A few things we're trying to figure out:

  • Can we look into the at-fault driver's personal assets if the policy doesn't cover the bills?
  • Does my dad's own policy have anything like underinsured motorist coverage that could kick in?
  • The hospital is already sending stuff to collections — do we have to deal with that right now or can it wait?
  • Is there any reason NOT to talk to the other driver's insurance adjuster directly?

We're not wealthy people. My dad worked his whole life and this is just... it feels like the system is designed to grind people like us into dust.

If anyone has been through something similar or has any idea where to even start, I would really appreciate hearing from you. We just want to do right by him.

12replies

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12 replies

  • 15
    humble-lynx-715

    Please, please do not talk to the other driver's adjuster without some kind of guidance first. They are not on your side. Their entire job is to close the claim for as little as possible, and they are very good at getting grieving family members to say things that hurt them later. You don't have to be rude — just say you're not ready to discuss anything yet.

  • 13
    steady-bison-566

    I worked claims for years and I'll be honest with you — when a family calls in emotionally raw and unrepresented, adjusters move fast. They know the window is short before people lawyer up or figure out what they're actually owed. The fact that they already told you the policy limit is low could be legit, but it could also be an opener to see if you'll just accept it. You have every right to request the full declarations page of the at-fault driver's policy in writing.

    • 8
      restless-road-soul959

      Took me three tries but they finally budged. Don't give up.

  • 13
    plain-tern-482

    I just want to say — I'm really sorry you're carrying all of this. Losing your dad and then having to fight through insurance and bills at the same time is so unfair. I hope you find some answers here and please make sure you're leaning on people around you too. You don't have to figure this all out alone.

    • 7
      kind-walker436

      Going through something similar right now. Did following up actually move the needle for you?

  • 12
    daring-badger-081

    A few practical things that might help you get organized:

    1. Request the at-fault driver's full policy information in writing — not just what they tell you over the phone. 2. Pull your dad's own auto insurance declarations page ASAP and look for UM/UIM (uninsured/underinsured motorist) coverage. 3. On the collections calls — medical debt from an accident like this can often be put on hold while a claim or legal process is pending. You don't necessarily have to pay right this second. Ask the billing department if they'll place a lien hold while the claim is being resolved.

    None of this is legal advice, just stuff I've seen come up a lot in cases like this.

    • 5
      weary-driver831

      Seconding this. The same approach worked for me last year.

  • 11
    careful-marten-716

    Not legal advice, but I'd strongly encourage you to at least have a free consultation with a wrongful death attorney before you do anything else — before you sign anything, before you talk to the adjuster, before you accept any payment. Most PI attorneys work on contingency so there's no upfront cost. The intersection of wrongful death, minimum-limit policies, potential UIM claims, and hospital liens is genuinely complicated and the wrong move early can close doors permanently.

  • 11
    bright-lynx-957

    First — I'm so sorry about your father. Please make sure you and your family are taking care of yourselves through this. Grief plus financial stress is a real physical burden and it catches up with people.

    On the medical side: hospitals often have financial advocates or social workers who specialize in exactly this kind of situation — accident-related bills that are tangled up in an insurance claim. It might be worth calling the hospital's billing department and asking specifically if they have someone like that, rather than just dealing with the general collections line.

  • 10
    humble-badger-320

    I'm so sorry. We lost my uncle in a similar situation two years ago and the insurance piece on top of the grief is genuinely brutal. One thing that helped us was pulling every single piece of paper related to my uncle's own auto policy and reading the declarations page carefully. Underinsured motorist coverage (UIM) was on there and we had no idea. It ended up being really important. Don't assume it's not there just because nobody mentioned it.

  • 10
    mellow-sparrow-741

    Short answer: don't sign anything, don't accept anything, and get a wrongful death attorney on the phone this week. Many will do a free call just to tell you if you have a case. The at-fault driver's low policy limit isn't necessarily the end of the road — there's your dad's own coverage, potentially the driver's personal assets, and sometimes other liable parties people don't think of right away. But you need someone in your corner to look at the full picture.

    • 4
      careful-survivor579

      Same boat here. Did anyone mention a deadline to watch out for?