Q: Can one file a wrongful death against vehicle that was involved as well as the driver's own vehicles insurance policy
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.