Elgin, IL asked in Car Accidents for Pennsylvania

Q: Can one file a wrongful death against vehicle that was involved as well as the driver's own vehicles insurance policy

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1 Lawyer Answer

A: You do not file suit against a "vehicle." You file suit against the operator of a vehicle.

If I understand your question correctly, (1) "A," was driving a vehicle owned by "B" when "A" was involved in an accident with "C," who died; (2) "C" was either a passenger in "A's" vehicle or was driving a second vehicle (that is unclear from your question); (3) the accident was "A's" fault; (4) you want to know whether the insurance potentially available to pay a claim would be insurance from "A," "B," or both.

If I have understood the facts and question correctly, the answer is "both." In Pennsylvania, the insurance on the car involved in the accident is primary. That means that "B's" insurance would defend the case and be the first to pay. "A's" insurance would be "excess," meaning that it comes into play once "B's" insurance is exhausted.

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