How do I file a wrongful death claim when the accident involves both commercial and personal auto policies, including additional property damage?

Detailed Answer

In North Carolina, a wrongful death claim arises when a person’s death results from another party’s negligent or intentional act. You must consider all applicable insurance policies—the decedent’s personal auto policy and any commercial auto policies covering the vehicle or employer. You also must handle separate property damage claims for vehicles or belongings destroyed in the accident.

1. Identify All Potential Insurance Policies

1. Personal Auto Coverage: Review the decedent’s declarations page for liability limits and optional uninsured/underinsured motorist coverage. See N.C. Gen. Stat. Chapter 20.
2. Commercial Auto Coverage: Obtain the employer’s or owner’s policy. Look for liability limits and any additional insured endorsements.
3. Other Policies: Check homeowner or umbrella policies that might offer excess limits above auto policies.

2. Provide Timely Notice

North Carolina law requires you to notify each insurer promptly. Failure to notify can forfeit coverage. Send written notice—by certified mail—stating the date, location, and nature of the accident.

3. Preserve Evidence and Quantify Damages

Gather accident reports, medical bills, funeral expenses, and wage loss documentation. Include estimates for property damage to vehicles, tools, or personal effects.

4. File the Wrongful Death Action

The personal representative of the decedent’s estate brings the wrongful death suit under N.C. Gen. Stat. § 28A-18-1. North Carolina gives you two years from the date of death to file. See N.C. Gen. Stat. § 1-53(1).

5. Integrate Property Damage Claims

Property damage claims for vehicles or items destroyed in the same accident can proceed alongside or after the wrongful death action. You may present these in a separate lawsuit or under the same case number if the facts overlap.

Key Steps to File Your Claim

• Locate decedent’s personal and employer/owner commercial auto policies.
• Send written notice to each insurer immediately after the accident discovery.
• Document funeral, medical, and wage-loss expenses for wrongful death damages.
• Collect repair estimates or appraisals for vehicle and property damage.
• Have the estate’s personal representative file the wrongful death suit within two years (G.S. 1-53(1)).
• Coordinate with insurers to negotiate policy limits and resolve all claims together when possible.

Wrongful death cases that involve multiple insurance policies can become complex fast. You need clear guidance to preserve your rights and recover all available benefits.

Take Action Today
Pierce Law Group has experienced attorneys ready to help you navigate both commercial and personal auto policies, as well as property damage claims. Contact us to protect your family’s recovery. Email us at intake@piercelaw.com or call (919) 341-7055.