Although it is always a tragedy when the at-fault driver in a car accident passes away, it can present a unique set of challenges for injury victims. Understanding how these circumstances can affect your personal injury claim is important.
When the at-fault driver passes away, you may be entitled to file a wrongful death claim. In order to do so, you will need to prove that the at-fault driver was negligent and that this negligence led to their death. If the driver was not insured, you might be able to obtain compensation by filing a claim under your own liability insurance policy. Before making any claim, you should contact a Tacoma personal injury lawyer.
Things to consider when the at-fault party passes away
Here are some things to keep in mind if the at-fault driver passes away:
- As the victim of an auto accident, you can file a personal injury claim against the deceased driver’s estate.
- The estate of the deceased at-fault driver is likely to have insurance.
- If the deceased at-fault driver does not have insurance, you may be able to file a personal injury claim against your own uninsured motorist coverage.
- In addition to the personal injury claim, you may be able to file a wrongful death claim against the estate of the deceased at-fault driver.
- If the at-fault driver’s estate cannot pay the personal injury claim and/or the wrongful death claim, you may be able to file a lawsuit against your own underinsured motorist coverage.
- You should seek medical attention immediately after the accident if you are injured.
- If you file a claim against the estate, you must provide documentation of your injuries and medical expenses.
- You should keep track of all expenses related to the accident, such as vehicle repairs, rental cars, and lost wages.
- You should keep track of all paperwork related to the accident, such as police reports, insurance policies, and medical records.
You should consult with an experienced Florida personal injury attorney before filing a claim against the estate of the deceased at-fault driver.
If you are injured in an auto accident caused by another driver, you may be able to file a personal injury claim against the at-fault driver. However, if the at-fault driver passes away, there are steps you need to take to ensure that you are able to recover compensation for your injuries.
