Can Heirs Recover Wrongful Death Damages Under UIM Coverage?
When tragedy strikes and a loved one is killed by an uninsured or underinsured motorist, families are left grappling not only with grief but also with urgent financial and legal questions. One common question is whether heirs can recover wrongful death damages through the deceased’s uninsured or underinsured motorist (UM/UIM) coverage in California.
The short answer is Yes.
The California Court of Appeal recently clarified this in Komorsky v. Farmers Insurance Exchange, offering crucial guidance for grieving families and their attorneys.
The Legal Framework: Section 11580.2 of the California Insurance Code
Under California law, Insurance Code § 11580.2(a)(1) mandates that automobile liability policies must include uninsured motorist coverage unless expressly waived. This protection extends not just to the named insured but also to their legal heirs or representatives in the event of wrongful death.
Specifically, the statute provides:
"The policy shall contain... a provision insuring the insured, the insured’s heirs or legal representative for all sums within the limits that he, she, or they... shall be legally entitled to recover as damages for bodily injury or wrongful death from the owner or operator of an uninsured motor vehicle..."
This statute protects not only the insured but also their "heirs or legal representative" for damages arising from bodily injury or wrongful death caused by an uninsured motorist. If you’re unsure whether you qualify as an heir under California law, our guide on who can file a wrongful death claim in San Diego explains the eligibility requirements.
This means that if a policyholder is killed by an uninsured driver, their surviving family members may be able to recover compensation for their loss—even if they weren’t personally injured in the crash.
The Komorsky Case: A Real-World Example
In Komorsky v. Farmers Insurance Exchange, the plaintiff, Melissa Komorsky, filed claims for uninsured motorist benefits under two policies following the death of her mother, Linda Liker, who was struck and killed by an uninsured driver. Komorsky sought damages as an heir under both the standard automobile policy issued by Farmers and a separate umbrella policy issued by Truck Insurance Exchange.
The court ruled that:
- Yes, Komorsky was entitled to pursue wrongful death damages under the primary auto policy from Farmers. Because this policy was subject to § 11580.2, it legally covered not only the insured but also the insured’s heirs in wrongful death cases.
- No, Komorsky could not recover under the umbrella policy from Truck. Umbrella and excess policies are explicitly excluded from the requirements of § 11580.2. The court found that even though the umbrella policy provided UIM coverage, it did not extend that coverage to Komorsky.
This case highlights a critical distinction: while heirs are entitled to wrongful death damages under standard uninsured motorist coverage, those rights do not automatically extend to umbrella policies, even if those policies include UIM endorsements.
What Types of Damages Can Heirs Recover Under UIM Coverage?
When heirs pursue a wrongful death claim under the deceased’s UM/UIM policy, they may be entitled to recover the same categories of damages available in any California wrongful death case. These typically include:
- Loss of financial support. The income, benefits, and financial contributions the deceased would have provided to surviving family members over their lifetime.
- Funeral and burial expenses. Reasonable costs associated with the deceased’s funeral, burial, or cremation.
- Loss of love, companionship, and moral support. The emotional and relational value the deceased brought to their family—often the largest component of a wrongful death recovery.
- Loss of guidance and training. Particularly significant when the deceased was a parent of minor children who depended on them for upbringing and mentorship.
- Loss of household services. The value of domestic contributions the deceased made—cooking, childcare, home maintenance, and similar tasks.
It’s important to understand that damages recovered through a UIM claim are subject to the policy limits of the deceased’s auto insurance. If the policy carried $100,000 in UIM coverage, that’s the maximum available through that channel—regardless of how much the claim is actually worth. This is one reason why building a strong evidentiary case matters even in UIM claims: demonstrating the full extent of your losses strengthens your negotiating position with the insurer.
In some cases, additional recovery may be available through other sources, such as the at-fault driver’s personal assets or a separate negligence claim against a third party. An experienced wrongful death attorney can evaluate all potential avenues of recovery.
How Hulburt Law Firm Can Help
At Hulburt Law Firm, we understand the heartbreak and confusion that follow a catastrophic loss. Attorney Conor Hulburt brings deep experience in wrongful death claims. Understanding the role of a wrongful death attorney can help you see what that representation looks like in practice. Conor’s commitment to making sure grieving families receive the compensation they deserve is at the heart of our firm, and we make it our mission to ensure no insurance loophole stands in the way of rightful recovery.
Keep in mind that California imposes a two-year statute of limitations on wrongful death claims, so it’s important to act promptly to protect your rights.
If you’ve lost a loved one due to an uninsured or underinsured driver, Hulburt Law Firm is ready to help. Contact us today for a free consultation. Because at Hulburt Law, The Truth Demands Justice.
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The Hulburt Law Firm specializes in catastrophic personal injury and wrongful death cases in San Diego, California.
