If the at-fault driver dies in an accident or crash, the victim may have several questions about how to file a claim against the deceased driver. Filing such claims is often complicated, especially if the case goes into a lawsuit.
An auto accident lawyer in Fort Wayne, IN will help you through the intense process of recovering the compensation you deserve from the deceased at-fault driver’s insurance company.
Can I still file a claim if the at-fault driver died in the crash?
Compensation claims are valid only when someone else’s negligence resulted in your damages. Therefore, it does not affect the validity of your claim, even if the person lived after the crash. In an at-fault state, every driver has to carry liability insurance. If the person causes an accident, the injured party can file a compensation claim with the liable party’s insurance company, which will start the negotiation process to reach a settlement agreement.
The process is done between the insurance company and the injury victim, usually by their attorney, and it does not require the at-fault driver.
In short, the death of an at-fault driver does not affect your compensation claim unless the insurance company refuses to offer a settlement that meets your requirements. A lawsuit may be necessary when the settlement compensation is less than you deserve and you can not agree on that. Suppose the demands for compensation are not met by the insurance company even providing the necessary evidence to prove liability. In that case, it might be necessary to file a lawsuit against the deceased driver.
Filing lawsuits against a living and deceased at-fault driver are different. In cases that involve drivers who survived the crash, a lawsuit will be filed against the person, and the driver’s insurance company will pay the compensation.
What if the insurance is inadequate to cover the damages?
If the insurance is not enough to cover your damages, the deceased driver’s insurance company must pay out the difference.
Another option when there are not enough assets to collect a judgment is filing the claim through your uninsured/underinsured motorist coverage. Remember that the coverage will only cover economic damages like lost wages, medical bills, and property damage.
Most injured victims hesitate to file a claim or lawsuit against the deceased driver, but it is essential to understand your right to pursue a claim does not end with the at-fault driver’s death.