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Q&A: My dad was killed in a motorcycle accident this wk. It looks like the driver who hit him has a maximum of $25,000 in insurance.

Question:
Happened in Oklahoma and the boy was texting at the time. The funeral alone will be thousands. We can’t afford all these bills. Is there anything we can do? Five kids lost their dad and five grandkids lost their papa. This hardly seems fair!!

Answer:
I am so very sorry about your father. Regrettably, this is not an uncommon issue in wrongful death cases.

What generally needs to be done is someone needs to determine if there is any other applicable insurance. This can be tricky. Was the adverse driver working? Was the driver on a family errand? Is there underinsured coverage in the household that might apply?

While you would also typically evaluate the adverse driver’s assets, you described the driver as a “boy,” so it is unlikely he has any meaningful assets that you could recover (and the $25,000 policy limit tends to further confirm this). But you never know.

Also, you need to find out if drugs or alcohol were involved. You need to evaluate the roadway and other conditions to determine whether there is a viable claim against any other entity or person.

It’s entirely possible that $25,000 is the limit of what you are able to recover, but a good attorney will do a thorough investigation before reaching that conclusion. Good luck.

Geoffrey Trachtenberg
Levenbaum Trachtenberg
362 North 3rd Avenue
Phoenix, AZ 85003
(602) 271-0183

Geoff Trachtenberg is a partner at Levenbaum Trachtenberg, a personal injury law firm located in Arizona, California, and Utah. You can find him on and Avvo discussing law and helping people with their legal needs.

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