by Nanny » Tue Sep 25, 2007 02:46 pm
My daughter in law left Georgia with my son's 3 1/2 year old daughter and moved to Virginia. She was only there 5 months when she passed out behind the wheel, ran off a mountain, and the baby died from head injuries. I received a letter from an attorney saying I would have to file this on my insurance because when she lived in Georgia the Car she drove was in my name and she was listed on my policy, but when the accident happened she was driving her own car with her own insurance. The mother has been charged with reckless driving and we think DWI and now 6 months later I receive a letter from her insurance attorney with a copy for petition for the court in Virginia suing her for wrongful death and stating that her insurance company and my insurance company have decided to settle each paying $25,000. The petition says my son agreed to this and he didn't, it also says that the court is to determine how the remaining money after Lawyers, Funeral, and Medical Bills are deducted is to be distributed. This has been the most horrible thing that has ever happened to my family we loved this child more than life itself and was already in emotional stress when she took the baby away to move to Virginia. This baby had been with us since she was born. We are trying to find out what my son's rights are in all of this so we have hired a lawyer for him in Virginia. Now I am wounding how much my insurance will go up over all of this.
Posted: Wed Sep 26, 2007 06:43 pm Post Subject: answer to questions
I'm so glad you did. I'm still freaked out about who has filed this suit if not your son? HE would have to be the one agreeing to the offers I would think....Please straighten me out on that I just can't see it NOT being him.
He wanted to file wrongful death on her the whole time and I ask him to please just let it go because my grand baby did love her mother and I believe in GOD and I figured this was going to be between her and GOD. Every time I had a bad thought about her I could here my grand baby crying and telling me to leave her mother alone, and she would have been the same way if someone was missing with her Dad, Nanny, or Pappy. So the Estate and her Insurance are filing the Wrongful Death.
post edited - evan
Posted: Wed Sep 26, 2007 06:53 pm Post Subject: answer to questions
How long ago was this? Do you still have the number/name of the person you talked to? Did you get a letter (should've immediately) from your company advising you there could be an 'excess policy limit' claim?
It has been about 6 months or longer. No but I have internet access to the claim so I have the persons name. No we did not receive a letter or a phone call from my company that is what upset me, I fell they should have told us something before they agreed to a settlement and we had told them to call us when they made a decision.
post edited - evan
Posted: Wed Sep 26, 2007 09:09 pm Post Subject:
WOW ! OK, Her (daughter in law's) policy limits are 25k (the first number is per person, second per accident, so 25k would be the MAX they could pay for our grand baby).
I'm surprised if you have 100/300 limits that ANYONE IN THEIR RIGHT MINDS (frankly) would settle yours for the 25K?
Sounds to me like, the administrator (great step grandma is that right?). Is 'ram-roding' this show. PLEASE PLEASE PLEASE....Communicate with the attorney you have hired for your boy, YOUR SON, as father (and only parent NOT responsible for her death) should be the first (and only) beneficiary to her (your grandbabies) estate. Now, others can file claim to it. (ie step great grandma, mom etc) but I doubt a judge will give them anything.
You are going to have a rate increase for this, it will not matter if 25k or 100k is paid out. Please encourage your boy to collect on this agresssively rather than allow 'fringe' relatives to take this over. Nanny it is going to be paid, no matter what, I think your boy could do alot with this money, if he doesn't want it himself, then he could start a foundation to help children hurt or killed by drunken parents.
I have a very strong faith myself, and I understand what you are saying, and likewise (early on) had to put up with some things from a daughter in law I didn't like, in order to maintain contact w/'my' grand daughter (seems ok now!)....But, there are times when it is ok, to proceed against the injurious party. Especially when there is a 'pattern' of bad behavior, rather than an isolated incident of bad behavior or poor choices.
It seems that once again this misguided girl has AGAIN set your son up !!!!!!
if he minded if her step-grandmother (which would be my grand babies great step-grandmother who also lives in Virginia) could handle the estate and he told her yes but to keep him informed. We have been totally in the dark about this until we get these papers that say COME NOW the Petitioner HER INSURANCE COMPANY and the RESPONDENT her step-great grandmother as ADMINISTRATOR pursuant to Virginia Code 8.01-50 et seq of the Code Virginia
Please do this contact your attorney NOW, tell him you need help NOW, get this settlement stopped until your son's attorney can protect him...Also call your adjuster and tell them that this settlement is in dispute, (your son's attorney should've already sent a rep letter)........
I have one that will blow you away my oldest son is married to her sister,
OH MY GOSH!!!!!!!!!!!! It just doesn't end does it? How does she feel about this?My fear Nanny is that step great grandma is setting this up to get most of the settlement then funnell that money to mom for defense money.......this just isn't right...........
The day of the accident we were going to Virginia that weekend to pick she was coming to stay with us for a couple of weeks.
If you are a woman of faith as I am, then you know there is a reason that the Lord has behind all of this that we simply cannot know right now. Keep your faith, and grab ahold tight....Posted: Thu Sep 27, 2007 01:41 pm Post Subject: Thanks Lori
I'm surprised if you have 100/300 limits that ANYONE IN THEIR RIGHT MINDS (frankly) would settle yours for the 25K?
The lawyer I have hired ask me what the limits on my policy are when we talked, I guess that is why he told me his first objective is to go for more money and the second objective is to determine who will get the surplus.
post edited - evan
Posted: Thu Sep 27, 2007 01:58 pm Post Subject: Thanks Lori
Sounds to me like, the administrator (great step grandma is that right?). Is 'ram-roding' this show. PLEASE PLEASE PLEASE....Communicate with the attorney you have hired for your boy, YOUR SON, as father (and only parent NOT responsible for her death) should be the first (and only) beneficiary to her (your grandbabies) estate. Now, others can file claim to it. (ie step great grandma, mom etc) but I doubt a judge will give them anything.
The step-mother and step-great grandmother think they have been ram-roding as you put it this the whole time. After receiving no help from them for 4 years all of a sudden they wanted to take charge, that is the way they treated us when we got to Virginia and that is why we did not stay for their funeral. We were treated like we had never done anything for the baby and they had always been there. We brought our half of her ashes home and had our own funeral I have a small policy with Woodman of The World on all my grand babies and that paid for our funeral. The papers do list my son and the mother as the only heirs to the estate. I am going to contact his attorney today to see were he is with this.
post edited - evan
Posted: Thu Sep 27, 2007 02:20 pm Post Subject: Thanks Lori
You are going to have a rate increase for this, it will not matter if 25k or 100k is paid out. Please encourage your boy to collect on this agresssively rather than allow 'fringe' relatives to take this over. Nanny it is going to be paid, no matter what, I think your boy could do alot with this money, if he doesn't want it himself, then he could start a foundation to help children hurt or killed by drunken parents.
Lori I have found out that it doesn't matter what they pay out I am going to have an increase and I am very upset that my insurance company didn't tell us anything about this just let us set here and get these papers after the fact. I have advised my son to do what ever his attorney tells him to do. Yes he can use the money, first off I was stuck with the car payment on the car she was driving when she left Georgia I wouldn't let her take it out of State because I was afraid something like this might happen, boy was I a fool. She used her tax refund which he helped her get by letting here claim the child for EARNED INCOME CREDIT leaving him owing tax money to buy the car she was driving and I still got in trouble. If he winds up getting this money he plains on paying me back for all the money I have spent on them over the last 4 or 5 years. Georgia has a program for abused and mis treated children my son and husband have been checking into it, he would most likely donate some to them. Don't get me wrong we are poor people this money would give him a chance to start over and have a new life, he will never get over losing his daughter she was very special.
post edited - evan
Posted: Thu Sep 27, 2007 02:50 pm Post Subject: Thanks Lori
If you are a woman of faith as I am, then you know there is a reason that the Lord has behind all of this that we simply cannot know right now. Keep your faith, and grab ahold tight....
Lori you just don't know how much you have helped me by responding to all of this. I am a woman of faith that has guided me all my life. When you talk to people about this it is like you are loosing your mind, people don't understand why I would put up with the things I did so we could keep contact and I have done the same with the other sister. My family has been going throw all kinds of things every since my boys meet these girls and it is like living in a nightmare and telling someone about it is like unbelieveable. I do have some relief knowing that someone in the world understand me. It would take me a 25 page letter to tell all the things that have happened over the last 4 or 5 years since my boys meet these girls. My oldest son and the other sister have 3 children and they are the only reason reason I am able to carry on I fell like I have to do it for them. These sisters got pregnant around the same time the one we lost was born April 9, 2002 and the other sisters baby was born July 21, 2002 they were very close and it has been real hard on that child she doesn't understand why her cousin is dead she is now 5 years. Well this forum is not for this so I will stop her I just wanted to say thank you Lori for understanding. My God bless you.
post edited - evan
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