Car accidents have become more common today than in the last ten years. Compared to the last decade, car accidents today have grown by 1 million, with a fatality rate hitting over 40,000 for the third consecutive year. A Long Beach car accident lawyer admits that car accidents have become a hot topic with many twists and turns, depending on the victim’s situation.
However, one situation that stands out is the at-fault party’s death. When this happens, victims are left with many unanswered questions, including if they can file an insurance claim for their damages, the deceased’s family’s consideration, and more.
It is important to speak to a car accident injury lawyer as quickly as possible if you have been involved in an accident wherein the at-fault party died. However, before contacting your injury lawyer, here is some information you should know about the dynamics of your injury case.
Can I Still File A Claim?
Car accident claims boil down to the elements of personal injury and the ability to establish negligence on the at-fault party’s side. This means the death of the negligent party does not affect your chances of filing an insurance claim or demanding damages suffered.
While this may seem cold, the legal process does not require the at-fault party to be alive to prove their negligence. You can prove negligence by collecting evidence from the crash site and accounting for the damages caused due to the now-deceased driver’s actions.
It is also important to note that the at-fault driver’s insurer isn’t affected by the client’s death. However, they may protect themselves by offering a low offer which can be negotiated or contested by taking the case to trial.
How To File A Lawsuit Against A Deceased Negligent Driver
While it may seem cold and odd to file a lawsuit against a dead person, you must understand that you are dealing with the insurance company and not directly with the deceased. Filing the insurance claim against a dead driver is no different from filing against an alive and well at-fault driver.
If you’ve hired one, your attorney will collect all relevant evidence to prove the deceased driver’s fault and calculate your past, present, and future losses caused by the accident and injuries sustained. Some types of evidence you can use to prove your case include;
- Cell phone records
- Witness statements
- The police report
- Medical bills
- Medical records
- Security footage and videos from nearby security cameras
- And other valuable and admissible evidence
What If The At-Fault Driver Was Uninsured?
The dynamics of each accident case differ from another. Most drivers operate under the assumption that other drivers have taken out auto insurance on their vehicles. However, not all drivers comply with this insurance directive, and you may have been hit by a now-deceased uninsured driver.
If the deceased at-fault driver is uninsured, you can file a claim against their estate.
An estate is any property or asset the deceased left behind after death. In most cases, the estate is represented by a relative of the deceased. Filing a claim against the deceased’s estate can prove effective in recovering the damages you suffered due to the deceased’s negligence.
What If The At-Fault Driver Is Underinsured?
Some drivers are insured but have taken out just the lowest possible auto insurance to remain compliant with the law. In such cases, the insurance policy may not cover the full extent of the victim’s losses, leaving them in unsettled debt.
If you’re dealing with a deceased yet underinsured driver, you can file a claim against the deceased’s estate to recover the difference between what the insurance company has released and your total losses.
It is important to note that you need an experienced attorney to walk you through this process, especially as it can often be complex and complicated.
What If Both Drivers Died In The Accident?
There are cases wherein both the at-fault and victim drivers died in the accident or after the accident but before filing a claim. When this happens, the victim’s family can sue the at-fault party’s insurance provider for their losses.
It is important to note that the losses recovered will depend on the losses suffered from the accident. For example, a personal injury lawyer may be able to claim medical bills if the victim had been hospitalized after the accident but died. However, hospital bills may not be claimed if the victim died on the spot of the accident.
Families looking to file insurance claims for their loved ones who died in an accident are encouraged to get legal help. Having an attorney in their corner will help simplify the legal process while bringing more clarity to the case.
