What To Do If The At-Fault Driver Passes Away After an Accident

Following a car accident, an injured individual may pursue compensation for their sustained injuries. However, should the at-fault driver pass away, it leaves many wondering if they still have any legal options. In short, yes. However, there are distinct differences in how to go about handling claims where the responsible party has passed away.

Liability When the At-Fault Driver Passes Away

When people cause car accidents, they are normally held responsible by their insurance coverage or a personal injury lawsuit. If the at-fault driver should pass away, their liability still remains. Legal claims that are aimed at them would be redirected toward their estate or insurance policy.

Most auto insurance policies cover accidents that occur before the insured driver’s death, meaning the injured party may still file a claim with the deceased’s insurance company. Should the policy limits not fully cover the received damages, additional legal steps may be necessary to receive the needed compensation.

Claims Against the Deceased’s Estate

If the compensation offered by the insurance company alone is not enough to cover any damages, medical bills, lost wages, and other expenses, filing a lawsuit against the deceased driver’s estate may be an option. An estate is a legal entity consisting of the deceased’s assets and debts, with a representative or attorney managing the estate amidst the probate process.

Filing a lawsuit against an estate normally has strict deadlines. States have differing rules regarding the specifics of how and when creditors or injured parties can notify the estate. Should these deadlines be missed, it could forfeit your right to pursue compensation.

Potential Challenges

Suing an estate may be more complicated than a typical personal injury lawsuit. The estate may have limited assets or even other claims from creditors, reducing the amount of compensation you could potentially receive. In addition, the probate process may result in delays, making case resolution take longer.

The other difficulty comes from gathering evidence. If the at-fault driver did pass away, this may limit the opportunities to get firsthand testimony during the lawsuit. There are, however, other forms of evidence that can be useful, such as accident reports, witness statements, and traffic camera footage.

Speak With an Attorney After an At-Fault Driver Passes Away

If you were injured in a recent crash and learned the at-fault driver passed away, you may still seek out compensation. An experienced attorney could help make a significant difference in how your case moves forward, especially with the unique legal considerations and strict deadlines involved in this type of claim. Reach out to Bordas & Bordas today to discuss your options with a seasoned lawyer and find out how we could help you obtain compensation.