On April 29, 2020, a car accident at the intersection of US27 and Patterson Road was reported involving the death of Alberto Delgado Pereira and and injury to Emmanuelle Ramirez. The Ledger reported that Pereira failed to stop at a stop sign in Haines City, Florida and was struck by Ramirez as he was attempting to cross the highway. Both drivers were reported to have been wearing seat belts.
Help For Those Involved
An accident such as this one where a young person passes away is a tragedy regardless of how it happened. Assuming the news report is accurate, the following insurance benefits apply to this accident.
For Pereira’s family, there is a $5,000 death benefit under the no-fault portion of his automobile insurance policy. This benefit is paid regardless of fault for the accident. It may be paid to the estate, next of kin, anyone who has paid for a funeral, as well as some others.
For Mr. Ramirez, the first $10,000 of his medical expenses are supposed to be paid by the no-fault portion of his automobile insurance policy. Beyond that, a liability claim may be made against Mr. Pereira’s estate through his automobile liability insurance.
These claims can be tricky when the insurance company refuses to offer policy limits or reach a fair settlement without litigation. In order to litigate a claim such as this one, either Mr. Pereira’s family would have to establish a probate or Mr. Ramirez may be required to open a probate as a creditor and then sue that estate for purposes of collecting the insurance available for the accident.
Mr. Ramirez might also have uninsured or underinsured motorist coverage on his own policy to provide benefits in addition to a liability claim. Whether you have uninsured motorist benefits on your policy is sometimes a tricky question to answer depending on what relatives you live with as well as if you have a gap in coverage.
At Russo Law, we look to find all sources of insurance coverage available for those who have been injured.
Talk to a Car Accident Lawyer in Polk County, Florida
A consultation with a car accident lawyer in Polk County is free. If you would like help with your car accident case, please contact us to schedule a free consultation with an attorney. We will talk through the facts and circumstances of your case and help you figure out the best course of action to take. Call us today to find out how we can help.