Statistically, deaths in the United States are rarely the result of an accident. In fact, only 6% of fatalities nationwide are accidental. Some insurance policies have provisions that payout a larger benefit–double the face value–if the death is accidental. Because of this low likelihood, insurance companies often do not have to pay out a larger benefit amount.
Double Indemnity Explained
Double indemnity is a contract provision that is typically found in life insurance and accidental death insurance policies. This is a type of life insurance that mandates that carriers pay up to twice the amount of the face value of an insurance contract if the insured (or policyholder) dies as a result of an accident. Consequently, grieving families that are left behind can receive a range of benefits after the unexpected death of a loved one.
What is an Accidental Death?
In order for a beneficiary to qualify for double indemnity benefits, he or she must establish that the death of the loved one was an accident. Because policy terms in life insurance policies can vary, the definition of an “accidental death” can differ from insurance company to insurance company. Generally, however, accidental death includes preventable accidents caused by the negligence of a third party or intentional acts of violence. Common examples of accidental deaths include fatalities resulting from:
- Car crashes;
- Slip and fall accidents;
- Drowning incidents;
- Accidents due to defective machinery;
- Suffocation or choking deaths;
- Exposure to toxic substances;
- Murder or manslaughter;
- Medical malpractice deaths; and
- Fatal workplace accidents.
In most cases, these insurance policies only cover deaths that happen within 365 days of the accident.
Common Claim Denials
Evidence is required to establish that death was the result of an accident, including coroner’s reports, toxicology reports, police reports, medical records, as well as eyewitness and expert witness testimonies. It is rare for an insurance company to rely on a death certificate, in and of itself, even if it categorizes the death as an accident. Once there is sufficient evidence and documentation to establish clear liability, the insurer will have to pay the double indemnity benefit. Most likely, however, the investigation by the insurance company will remain open for a prolonged period of time.
Whether an insurance company will pay a double indemnity claim is determined on a case-by-case basis, however, these claims will be denied if the death is not accidental. Examples of fatalities that are not considered accidental include those resulting from:
- A medical condition;
- A self-inflicted injury, regardless of mental state;
- Suicide or attempted suicide, regardless of mental state;
- Negligence or extreme activities;
- Overdose, unless the prescription medication was taken as prescribed;
- A medical procedure, surgery, or recovery (not because of malpractice);
- Murder by the beneficiary under the policy;
- The attempt or commitment of a felony.
Nevada Wrongful Death Attorneys
If your loved one has tragically died due to an accident and the insurance company is not paying the death benefit, contact the skilled attorneys at H&P Law today. Our lawyers know the tactics the insurance companies use to deny claims and keep more profits in their pockets. Do not try to fight the insurance company on your own after such a difficult tragedy. Contact us today to learn how we can help.
