Can Funeral Expenses Be Covered in a Georgia Car Accident Settlement? 

Key Points:

• In the State of Georgia, if your loved one was killed in a car accident through no fault of their own, funeral expenses are a recoverable item of damages by the Estate of the Victim, in claim involving a wrongful death.
• In the Atlanta area, it is not uncommon for funeral costs to be anywhere from $10,000 to $40,000 for a car accident victim.
• To recover funeral costs, the person making payment for the funeral may put forward a claim for those costs with the Estate of the victim of a wrongful death. It is important to save documents and evidence, such as contracts and receipts, to prove final and funeral expenses. 

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Losing someone you love in a car accident is not only traumatic but can also be financially devastating. Giving your loved one the funeral they deserve can help ease the pain and provide some closure, but planning a funeral and paying the expenses can be overwhelming.

When a loved one dies because of someone else’s negligence, the heir of the victim as well as the Estate of the deceased may have a legal claim against the party responsible. In Georgia, the claim belonging to the hier or heirs is known as the wrongful death claim and is similar to a personal injury claim except that it is brought by the victim’s heirs (usually a family member) rather than the victim. The Estate of a victim may assert claims for final and funeral expenses, and any person or company that pays those expenses may be entitled to a make a claim against the assets or the recovery by the Estate, to reimburse the final expenses and funeral costs, in Georgia.  

Will Auto Insurance Cover Funeral Expenses? 

If your loved one was killed in a car accident through no fault of their own, the at-fault driver or that driver’s employer (if the injury was caused by a person working within the scope of his or her employment) can be held accountable if you file a wrongful death claim. The auto insurance company of the driver or employer typically pays the claim, and compensation should include medical expenses, lost future earnings, pain and suffering, future enjoyment of life, and funeral expenses.  Recovery for certain items, such as funeral expenses are brought by and allocated to the Estate, and claims for funeral expense are paid, or re-paid, from the proceeds recovered by the Estate.

The total losses from an accident, including the value of the deceased’s life and expenses owed to the Estate (such as funeral expenses), are paid up to the limit of the driver’s or employer’s bodily injury liability coverage. If the at-fault policy limits are insufficient to fully value the loss of life, underinsured or uninsured motorist (UIM) coverage can sometimes be accessed to contribute toward the settlement or verdict. 

Who Can File a Legal Claim for Funeral Expenses? 

In Georgia, in most situations, the Estate of the victim holds the right to recover for funeral expenses. Often a family member, third-party company or insurance company pays for the funeral. The person or company who pays for the funeral may assert a claim against or through the Estate to recover the costs of the funeral.  In most civil cases involving a death, the Estate may file a legal action solely or jointly along with the wrongful death claimants.

In Georgia, if there’s a surviving spouse, the spouse is the only one entitled to file the wrongful death claim, though they’re required to share the compensation with the legal heirs. If there’s no spouse, the children or heirs (whether minors or adults) may have the right to file a legal claim. If there’s no spouse or children, the deceased’s parents have the right to file a wrongful death claim.  Claims of the Estate, on the other hand, are filed by the Administrator of an Estate, who must be designated as such by a will or appointed by a probate court.

What Documents Will I Need to Provide to Receive Reimbursement for Funeral Costs? 

To receive reimbursement from recovery by an Estate, the party owed reimbursement will need to submit a claim with the Administrator of the Estate documenting the cost of the funeral service and burial or cremation and other final expenses.