accidental death

tw1nklestar

This is not a money grabbing question it is a query as to my children should put in a claim and to whose insurance company if there is a claim they should contact. In August this year their father my ex was killed in a freak accident. His girlfriend (who he lived with but had no interest in her property in as she owns it outright without mortgage in her name only) had an issue with a wall in her garden - not sure of the ins and outs but it was leaning and needed taking down. He bought some power tools - and had to access neighbours garden to start to remove the wall. A terrible accident ensued and he died after striking metal in the wall and the tower tool caused massive injuries and he died despite amazing attempts to save him. My children are adults and there is no love lost between them and his partner (all was good until his death but has broken down terribly with grief on both sides). Knowing it was a freak accident the query is, are such accidents covered in an insurance policy and can/should the children make a claim. If so would it have negative consequences on his partner or neighbour. He was doing the work that she/they needed to do but died on neighbours property so if there was a claim whose insurance company should they contact. They children are the next of kin as he had not been with partner for long if that makes a difference?

Aretnap

Sorry for your loss.

If your ex had life insurance then it will pay out regardless of the reasons for his death. Who the payment goes to (his new partner, you, or your children) will depend on exactly how the policy was set up, who he named as the beneficiaries and/or the terms of his will.

If he didn't have life insurance then there is not obviously any other form of insurance which would pay out to your children in these circumstances. The only possibility would be liability insurance held by his partner and/or his neighbour. However to claim on liability insurance they would have to prove that his partner and/or his neighbour were legally liable for his death. Generally that would mean pricing that the death was the result of negligence on the part of the other person - the fact that he was on someone's property or doing a job for then doesn't by itself make them liable for the accident. They would also have to show what loss, beyond grief, they had suffered as a result of his death - if they are adult children who are not financially dependant on him they would not have an automatic right to compensation, even if someone else was liable for the accident. So there would be quite significant hurdles to overcome in order to have any chance of claiming from a neighbor/partner:s insurance.

tw1nklestar

Thank you very much for your clear reply.