When you have been injured in an accident caused by a negligent driver, it can be difficult to know how to proceed. If the driver is deceased, filing a claim against them for damages may seem impossible.
However, there are legal options available to seek financial compensation for your injuries and other losses related to the accident.
Will You Still Be Able to Pursue Your Claim if the At-Fault Driver Died in the Crash?
In the event of a fatal accident, the at-fault driver’s estate may still be held responsible for any damages and expenses. If the at-fault driver did not have enough insurance coverage to cover your losses, you still may have options for compensation.
The executor of the at-fault driver's estate is typically held liable if the deceased was at fault and had assets. You may be able to pursue damages from a surviving spouse, child, or other heir of the at-fault driver.
If the at-fault driver did not have sufficient assets to cover your losses, you can still look into seeking compensation through other sources such as uninsured/underinsured motorist insurance coverage or your own medical insurance.
If the at-fault driver did not have enough assets to cover your losses, you should speak with an experienced accident attorney who can review all of your options. A good car accident attorney can help you understand the complexities of pursuing a claim against a deceased estate and will be able to provide guidance on your best course of action.
They may also be able to assist with filing any necessary paperwork or negotiating a settlement with insurance companies so that you can receive compensation for your losses.
Will Their Insurance Company Pay Damages?
The answer to this question depends on the insurance policy of the at-fault driver. Generally speaking, most car insurance policies cover damages caused by their insured drivers up to a certain limit.
If the deceased driver’s policy limit is higher than your total damages, then it is likely that you will be fully covered. However, if the policy limit is lower than your damages amount, then you may not be able to recover the full amount of your losses.
In this case, it may be necessary to file a claim with the deceased driver’s estate in order to seek additional compensation for your damages. This can be a complicated process and it would be wise to consult an experienced attorney to help you navigate it.
How to File a Claim Against the Deceased Negligent Driver
If the deceased at-fault driver had insurance, you can file a claim directly against their policy. In this scenario, you will contact the at-fault driver's insurance company and provide them with the necessary information to begin your claim. This includes all of the details gathered, as well as any police report or medical bills that may be relevant.
Once all of the necessary information has been provided to the insurance company, they will begin processing your claim. Depending on the severity of the accident, you may or may not be offered a settlement.
If you are offered a settlement and it is not sufficient to cover all of your damages, you can either try to negotiate an improved offer or seek legal advice about filing a lawsuit against the at-fault driver’s estate.
In some cases, the at-fault driver’s insurance company may be willing to negotiate with you directly or through an attorney. This is typically done in order to avoid a lengthy and costly court battle. If a settlement cannot be reached, your only option may be to file a lawsuit against the deceased driver's estate.
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