A family’s home was obliterated by a plane crash in Santa Fe, launching them into an arduous battle with their insurance company.
At a Glance
- Miquella Benavidez continues to struggle over a year after the crash.
- Insurance company AIG has only offered a small percentage of the needed compensation.
- Benavidez has decided to take legal action against AIG.
- The National Transportation Safety Board cites pilot error as the cause of the crash.
- Community support aids Benavidez in her ongoing recovery.
Home Destroyed by Plane Crash
The Benavidez family suffered a catastrophic event when a plane crashed into their home on July 18, 2023. The pilot, Randolph Sherman, reported engine failure shortly after taking off from Santa Fe Regional Airport. The resulting crash not only destroyed the family’s home but also led to Sherman’s death.
Miquella Benavidez, who owned the home, described the event as life-altering. “We literally lost everything,” she said. “I just don’t know, I feel – I guess, kind of, displaced still. Uncertain of what’s going to happen.”
Family sues plane company a year after fatal crash near Santa Fe https://t.co/nyrFCD9EiT
— KRQE News 13 (@krqe) August 18, 2024
Insurance Battles and Limited Compensation
Benavidez found herself entrenched in a prolonged and frustrating fight with American International Group (AIG), the insurer for the plane. Despite the evident damage and total loss of property, AIG provided only a fraction of the necessary compensation.
“I just kept going round and round with the insurance company,” Benavidez explained. “They wanted to give me a small percentage of what I was asking, and it wasn’t enough to make me whole again and to replace everything.”
Miquella Benavidez said in a complaint filed Wednesday in state District Court the crash not only destroyed her home, vehicle and all of her belongings, but it also contaminated her land with airplane fuel and “noxious and toxic” fumes. https://t.co/U5aUGhdeSN
— Santa Fe New Mexican (@thenewmexican) August 19, 2024
Legal Action Against the Insurer
After numerous unsuccessful attempts to reach a settlement, Benavidez chose to pursue legal action. Her attorney, Brian Egolf, elaborated on the situation, stating, “There was a series of back and forth with AIG, and their response to us was go pound sand.”
“The pilot upon loss of power from an engine should have flown straight and used the remaining engine to gain altitude,” Egolf noted. “The result of that incorrect decision was the destruction of the Benavidez family’s home and the loss of the pilot’s life.” Comparably, the National Transportation Safety Board (NTSB) preliminarily attributed the crash to pilot error.
“Nobody wanted to have to file a lawsuit, but we have been fighting one of the largest insurance companies in the world for the last year, and they have refused to give anything other than a pittance of an offer,” Egolf remarked.
Community Support and Future Outlook
Despite the overwhelming challenges, Benavidez remains focused on rebuilding her life with the support of her community. Friends, neighbors, and local organizations have rallied together to provide assistance and encouragement.
“Otherwise they would have been sleeping in the house,” Benavidez revealed. “That initial call was heartbreaking because my son thought that I was in the house. And he said, ‘I thought you were dead.’”
Extensive remediation efforts are still required to clean up the contamination on Benavidez’s property, a task that adds another layer of complexity to her situation. The final report on the crash’s probable cause and contributing factors may take up to two years from the accident date to be completed.
Benavidez is determined to get through this ordeal and ensure her family’s stability and security. Her story serves as a vivid reminder of the complications many people face when depending on insurance providers in times of severe personal crisis.
Sources
- https://www.krqe.com/news/new-mexico/santa-fe-family-struggles-with-insurance-company-after-plane-destroys-home/
- https://www.yahoo.com/news/santa-fe-family-struggles-insurance-040500421.html
- https://www.youtube.com/watch?v=1y1lvfRtmss
- https://www.koat.com/article/new-mexico-plane-crash-lawsuit/61928433
- https://www.kob.com/new-mexico/santa-fe-northern-new-mexico/exclusive-santa-fe-homeowner-talks-lawsuit-after-plane-crash/
- https://www.santafenewmexican.com/news/local_news/woman-files-suit-over-plane-crash-that-destroyed-her-la-cienega-home/article_94d6f080-5b68-11ef-a2f3-c3ff4db4b1f5.html
- https://www.yahoo.com/news/santa-fe-family-struggles-insurance-041704876.html
- https://www.kunm.org/kunm-news-update/2023-07-18/tues-fema-has-paid-out-less-than-1-of-what-congress-allocated-for-victims-of-nm-wildfire-more
- https://www.abqjournal.com/news/randyshermandiesinplanecrashinsantafe/article_f09c2574-25b4-11ee-bea4-178f91791aeb.html