Can I Still File a Claim if the At-Fault Driver Passed Away in the Crash?

If you suffer injuries in a car accident, you have rights, including the right to pursue compensation from the at-fault driver or their insurance. But what if the responsible party passes away before you’re able to file your claim?

Generally, even if the liable driver passes away before you’re able to obtain monetary recovery, you’re still able to file a claim. However, it may be slightly more challenging than if the driver was still alive.

A skilled personal injury attorney knows how to navigate the intricacies of these cases and help get you the compensation you deserve, despite the circumstances.

Filing a Claim Under the Deceased At-Fault Driver’s Car Insurance

The primary purpose of car insurance is to cover the victim’s damages when an individual causes a car accident. If you suffer injuries and losses in a vehicle collision, you can pursue compensation through the at-fault driver’s insurance.

While you may be apprehensive to file a claim under the deceased driver’s insurance, you can feel comfortable doing so — this is what insurance is for.

If you file a claim with the insurance and receive a fair settlement, that’s the end of your claim. Should the insurance company not provide the compensation you need or deny your claim, a personal injury lawyer can help you potentially proceed with a personal injury lawsuit.

Filing a Claim Under the Deceased At-Fault Driver’s Estate

Under certain circumstances, you may be able to file a lawsuit against the driver’s estate. Typically, if the at-fault driver’s insurance does not sufficiently cover your damages, or if the driver did not have any insurance, filing a lawsuit in court may be the way to go.

An estate refers to the property and assets an individual leaves behind at their passing. The individual in charge of the estate is called a personal representative. When you file a claim against the at-fault driver’s estate, the personal representative and their attorney handle the case.

It can be legally and emotionally challenging to file a claim against the deceased at-fault driver’s estate, but the option may be available to you. A personal injury attorney can review the details of your case to determine whether this is the best course of action to help you get the compensation you need.

For Help with Your Claim, Consult with an Experienced Personal Injury Attorney Today

If you’re struggling to get monetary recovery after the untimely passing of the at-fault driver, the legal team at Harlan Law Firm can help you. We had served with even the most challenging  cases with successful results documented since 2006.

Contact us today to schedule a complimentary case review with one of our knowledgeable personal injury lawyers.