Can Heirs Pursue Wrongful Death Damages Under the Deceased’s Underinsured Motorist Coverage in California?
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.
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.
How Hulburt Law Firm Can Help
At Hulburt Law, we understand the heartbreak and confusion that follow a catastrophic loss. Conor and Leslie Hulburt, both award-winning trial attorneys, bring decades of experience and a deep commitment to justice. We make it our mission to ensure grieving families are treated with compassion and that no insurance loophole stands in the way of rightful compensation.
Visit our wrongful death practice page to learn more.
If you’ve lost a loved one due to an uninsured or underinsured driver, we’re here to listen, guide, and fight for you. 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.
