accidental death

tw1nklestar

Hi I have put this on the insurance thread as I was unsure where it was best placed. Hope I ca post it here too as it is a query on behalf or my children about their dad who passed in a tragic accident in August.
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?

Keep_pedalling

Highly unlikely, they would have to prove either his partner or neighbour were negligent in some way, and as there are non dependant adults they have no financial lose to be compensated for.

Marcon

tw1nklestar wrote: »

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.

There is no negligence on anyone's part except possibly his (and I don't mean that to sound unkind; it is simply factual). If he had life insurance and/or accident insurance taken out in his own name, then that would normally pay out unless he was carrying out something the policy specifically excluded - and DIY isn't normally seen as a high risk activity.

If he was in employment, there may be a death in service payment due, but whether it goes to the partner or the children would be for the trustees of any death in service scheme to decide.

tw1nklestar

Thank you both for taking the time to reply and giving clear answers

nom_de_plume

Was it ruled as being a freak accident with no other causes such as perhaps a faulty power tool or the like?



If there was any attributable blame, claims could be submitted to cover the funeral costs and a bereavement award of £12,890 according to this website - https://www.daslaw.co.uk/blog/claiming-on-behalf-of-someone-killed


If, however, it was a complete accident then it's unlikely any claim would be successful I guess.

SevenOfNine

TBH I think the others have summed up the answer.

You could discuss it with a no win, no fee, 'legal' company - be mindful that your adult offspring could be landed with hefty costs awarded against them if they lose, (no win, no fee, might forget to mention that)! I'm not actually suggesting your offspring start suing someone, but you can perhaps just pick their brains on who (if anyone) might be held responsible etc.

I'm so sorry to say you're likely to be told it was their dad, but at least you'll know whether to let this go or not.

74jax

I just wanted to my sympathies too and how it must be so horrid for your children.

I think it worth pointing out that being next of kin doesn't have anything to do with how long they were together, and has nothing to do with who inherits - just in case someone else is reading this. He could have registered her as his next of kin having only known her 1 day. It makes no difference. He could also have her as next of kin,but without a will intestacy rules would still apply.

tw1nklestar

Thank you all for your replies - as said in first post it was just a query as his latest place of work did not offer death in service in his pension. It was ruled by coroner as accidental death and was a freak accident of his power tool hitting metal in the outside wall structure causing the power tool to spring back and cause catastrophic bleeding which led to his death. No will of any type but children had been named on an old pension policy from a previous work place and trustees have given them a settlement. I simply questioned if the house insurance was similar to car insurance when a claim could be made even when nobody/or himself was to blame. Thank you all for your comments and clearing up some answers for me I will pass information to the children.