Could I Still File a Claim If The At-Fault Driver Died in The Accident?

Yes. Injured survivors of car accidents can still file a claim against the at-fault driver even if the driver died in the crash. Put simply, being dead does not automatically release the driver from liability when their negligent actions caused a crash that resulted in their death and injured another party.

Filing a Claim Against The Deceased Driver’s Auto Insurance Provider

Assuming the deceased, at-fault driver has an insurance policy, their insurance provider would still be liable for defending their policyholder and paying out a settlement or verdict award.

But the injured party must reach out to the deceased driver’s insurance provider as soon as possible to inquire about the claims process. Even if the driver was killed in the crash, their insurance details will be included in the accident or police report. If the insurance information isn’t listed on the report, the injured party’s lawyer must send a notice of claim to the deceased driver’s personal representative, who must then inform the insurance provider about the claim.

Filing a Claim Against The Deceased Driver’s Estate

If the insurance policy of the deceased driver is not sufficient to cover the injured party’s medical expenses and accident-related damages or if the driver doesn’t have insurance, the injured party can pursue a claim against the driver’s estate.

The injured party’s Hartford car accident lawyer can file their claim against the estate and serve the driver’s personal representative. Depending on the specific circumstances, the injured party can reach a settlement with the personal representative or take their claim to court. It’s crucial to note that when an injured party pursues their claim against an estate, they become a creditor, which means that the estate must pay them when they settle or win their case.

Filing a Claim Against Your Uninsured Motorist Coverage

In the event that the deceased driver who caused an accident didn’t have insurance coverage and their estate does not have enough assets to cover the injured party’s losses, they may recover compensation from their own policy’s uninsured motorist coverage. When they file a claim under their uninsured motorist coverage, their insurance provider will be liable for covering their losses but only up to the limits of their policy.

Talk to a Skilled Hartford Roadside Lawyer Today

While seeking compensation from a deceased at-fault driver comes with certain challenges, with legal guidance from the Hartford roadside accident lawyer of Berman & Russo, injured parties can establish fault and liability for the crash and their losses to help build a strong case for recovering damages.

The lawyer will handle all negotiations and discussions with relevant insurance companies and parties to ensure that the injured party will receive the maximum compensation allowable under the law. To explore your legal options and learn more about your case, please call 860-644-1548 or fill out an online form to set up a free consultation with a Hartford roadside lawyer.