How to Proceed When an At-Fault Driver Passes Away in a Car Accident
November 1, 2024 Posted In Car Accidents
When an at-fault driver passes away in a car accident, you can still pursue compensation with the help of a Beaumont accident attorney, although the process can be more complicated. Here is what to do if you find yourself in this difficult situation.
File a Claim Against the Deceased Driver’s Insurance
The at-fault driver’s auto insurance policy often remains active although they have passed. The first step is to file a claim against their insurance company to seek compensation for damages such as medical bills, lost wages, and property damage. The insurance company is responsible for handling the claim as it would in any other accident. Acting promptly is essential, as insurance companies may attempt to close the account quickly after the policyholder’s death.
Potential Limits on Compensation
Insurance policies have limits, and the deceased driver’s insurance coverage may not fully cover your expenses, especially if you face significant injuries or damage. If the insurance payout is insufficient, you may need to consider filing a claim against the deceased’s estate.
Filing a Claim Against the Deceased Driver’s Estate
If the deceased driver’s insurance policy does not fully cover your losses or if they were uninsured, you can file a claim against their estate. An estate is a collection of all the deceased person’s assets, such as property, savings, and other belongings. Filing this type of claim requires a few important steps. First, it may be necessary to file a claim with the probate court handling the deceased person’s assets.
In probate, the estate’s assets are used to pay off any debts, including accident claims. A Beaumont injury lawyer can guide you through the probate process, ensuring that all deadlines and legal requirements are met. It is critical to act quickly, as there are strict deadlines for filing claims in probate, which is often shorter than standard personal injury claim deadlines.
Potential Challenges After An At-Fault Driver Passes
Pursuing compensation after the at-fault driver’s death presents several challenges. For example, estates may have limited funds, especially if other creditors are also filing claims. Additionally, if the deceased did not have insurance or a well-funded estate, the chances of full compensation may be limited. However, other avenues may be available depending on the circumstances. For example, if the accident involved an employer-owned vehicle, the employer could be liable. Similarly, if other parties contributed to the accident (such as a passenger or another driver), they could also share responsibility.
In some cases, victims may have to rely on their own collision or uninsured/underinsured motorist coverage if the deceased driver doesn’t have insurance or assets, or their insurance is insufficient to cover all damages.
Consulting with an Attorney
An experienced Beaumont truck accident attorney can guide you through the process, helping you understand your options and representing you in negotiations. Attorneys are skilled at handling claims involving car accidents, estates, gathering the necessary documentation, and working with insurance companies to maximize your compensation. They can also ensure you meet the filing requirements, protect your legal rights, and pursue all available avenues for recovery.