My father was struck by a truck and killed instantly while on his daily commute to work. No criminal charges were filed, and my family is not interested in filing a civil suit against the driver. But we did want to file a claim against her, through her car insurance company. Before we were able to proceed with that, we received a letter from the driver's insurance company. Apparently, the driver is filing a claim against us for damages to her truck, which is just unbelievable.
This claim that the driver is filing against us- I don't understand who it's against. Is it us personally, something we would have to pay out of pocket? Is it against our car insurance (why would it be if my dad was on a bicycle?) Is it against our health insurance? Would we really have to pay the driver anything when she was the one obviously at fault?
We really did not want to hire or involve attorneys. Are these claims something we can handle ourselves? Will our insurance companies handle the claims amongst themselves if we just give them the info? (My family isn't interested in money or anything; we just want this over with.)
Because my dad was on a bike, not a car, which company would handle both claims (the driver's against us, ours against the driver) for us? Car Insurance? Health Insurance?
To make matters possibly worse, my mother switched car insurance companies after the crash. How does this affect the situation? I'm unsure how an insurance company would be required to respond legally if we had a policy with one at the time of the crash, but it has since been canceled. Would the old or new insurance company be able to help?
We are so confused, frustrated, and emotionally drained. Any advice you have would be greatly appreciated. Thank you.