Cases, where the negligent driver passes away in the accident they caused, are not uncommon. If you have been involved in such an accident, you may wonder if you can still pursue a claim to recover your damages. If you have any questions about your car accident, you should speak to an attorney and seek professional legal guidance.
Can you still pursue your claim if the at-fault driver passes away?
In most car accident cases, the claim’s validity usually comes down to whether the accident was caused by negligence. The deceased status of the negligent party does not typically have any effect on your claim. The negligent driver’s insurance company will still pay you a fair settlement, and you can file a lawsuit if they refuse. Make sure that you get the professional opinion of an experienced car accident attorney to ensure that you are getting a fair settlement and that the insurance company is not lowballing your compensation amount.
How can you file a lawsuit against a deceased driver?
If the insurance company does not agree to pay you the settlement amount you deserve, you may have no choice but to file a lawsuit against them. For the best chances of success for your lawsuit, you should hire an experienced lawyer and collect hard evidence such as:
- Witness statements
- Cell phone records
- Security footage from nearby cameras
- Medical bills
- The police report
Will the deceased driver’s insurance cover your claim?
According to the law, all drivers in the United States are required to carry insurance coverage. If the deceased driver was insured, then you should be able to receive compensation from their insurance company.
However, there are still a lot of drivers in the United States who do not carry insurance coverage. If the at-fault driver was not insured, or their insurance coverage is insufficient to pay your bills, you may have no choice but to file a claim against the deceased person’s estate. This can be very tricky, and it is always advised to get an experienced attorney’s help.
Talk to an attorney as soon as possible.
Cases, where the at-fault driver passes away in the car accident they caused can be very tricky to deal with, but you may still be able to recover your damages. You must consult an experienced car accident attorney as soon as possible to take the best legal options available.