FATAL CAR ACCIDENTS: A Guide to Insurance Benefits
A tragic accident has the power to shatter lives, especially when it leads to the sudden and heartbreaking loss of a loved one. Coping with such a devastating event is challenging, and dealing with insurance companies only adds to the overwhelming burden. To assist you during this difficult time, we provide the following essential information as your guide.
SECTION B – DEATH BENEFITS
Automobile Insurance Benefits
In the unfortunate event that someone loses their life as a result of injuries sustained in a car accident, their spouse or common-law partner, as well as any dependants*, are typically entitled to a lump sum death benefit through the deceased person's automobile insurance policy. Eligible spouses receive $25,000, and each eligible dependant receives $5,000.
Funeral expenses will also be reimbursed by the auto insurer up to a maximum of $2,500.
COMPENSATION FROM AT-FAULT DRIVER
Fatal Injuries Act and Survival of Actions Act Claims
When the accident was the fault of another driver, members of the deceased’s family may have claims against the at-fault driver under fatal injury legislation in Nova Scotia. Eligible claimants may receive compensation for the loss of care, guidance, and companionship they experienced due to the loss of their loved one. Additionally, they may be compensated for the loss of financial support, and/or loss of valuable services such as housework and home upkeep, by advancing a claim under the Fatal Injuries Act. The Estate can claim any unpaid funeral or other actual pecuniary loss to the estate under the Survival of Actions Act.
It is important to note that while this legislation provides compensation for various aspects of the loss, it does not account for the immeasurable grief suffered by the family. This was a policy decision by legislatures and courts which reflects the understanding that no amount of money can ever truly compensate for the pain of losing a loved one.
LIFE INSURANCE AND ACCIDENTAL DEATH COVERAGE
Employment compensation packages often include life insurance and accidental death coverage. If you are uncertain about these coverages or need assistance accessing them, we encourage you to reach out to your loved one's employer. The named beneficiary will need to correspond with the employer and complete the necessary application forms.
Payments to eligible beneficiaries under life insurance and accidental death policies are made in accordance with the specific amounts mentioned in the individual policies.
If you have questions about insurance or any other coverage after the loss of a loved one in a car accident, please do not hesitate to contact us. We offer free consultations in accident cases, with no obligation to retain our services moving forward.
Carter Simpson has prepared this document for information only. It is not legal advice. You should consult Carter Simpson about your unique circumstances before acting on this information. Carter Simpson excludes all liability for anything contained in this document and any use you make of it.