If the At-Fault Driver Died in the Accident, Can I Still File a Claim?
Fatal car accidents are devastating for everyone involved. When someone dies in a car accident as a result of another person’s negligence, loved ones may be able to pursue damages against the at-fault driver.
However, when the at-fault driver doesn’t survive the accident, the claim process can become more complex. When a negligent driver dies in the collision, affected parties may still be eligible for compensation.
Do I Have a Case?
Because California is an at-fault state, the insurance company of the responsible party must pay damages. Even if the person who caused the crash died, his or her insurance policy is liable for injuries to you or damage to your property.
If the negligent driver did not have insurance or had inadequate limits, you may have the option to seek damages from the deceased person’s estate, however, the process becomes more complicated. Our car accident lawyers in Sacramento can review your claim at no cost to see if we may be able to help you.
Concerns for At-Fault Driver’s Family
Car accident fatalities are especially difficult for the family who lost a loved one. Accident victims may hesitate about pursuing a claim when the negligent dies in the accident, knowing their family members must be mourning.
However, when filing a personal injury claim, you generally do not interact with the individuals involved and will not be disturbing the decedent’s loved ones. You will be dealing with the insurance company representing that person.
Filing a Claim Against the Insurance Policy
The at-fault driver’s insurance policy has a central role in the personal injury claims process, even if the person died in the car accident.
For instance, if you were involved in an accident that was caused by a drunk driver who then died from injuries sustained in the crash, you can still file a claim against that person’s insurance policy for any damages to your property or any injuries to you or your passengers.
Our licensed attorneys are prepared to help walk you through the claims process and help you maximize your compensation.
Filing a Claim Against the Estate
Although most personal injury claims do not make it to trial, if the at-fault driver dies and the insurance company does not offer enough compensation to cover your damages, it may be necessary to file a lawsuit against the negligent driver’s estate.
An estate is the property and assets a person leaves behind after death and it is represented by a relative of the decedent. A personal relative may be a spouse, child or parent. If the deceased has no surviving family members, the person who would inherit the deceased’s property represents the estate.
Just as our attorneys are prepared to help you through the claims process, our lawyers are prepared to walk you through the process of filing a lawsuit as well as go to trial on your behalf.
Call a Compassionate Attorney Today
At the Arnold Law Firm, we understand the emotional distress caused by a fatal car accident. Know that if you choose to hire our firm to represent you through the claims process, our attorneys will work hard to try and recover the compensation you need.
Our initial consultation is free, and we work on a contingency fee basis. This means we do not charge anything upfront while we build your case, and you do not pay us anything unless we obtain compensation on your behalf.
Let us answer your questions. Call us today at (916) 777-7777
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After a drunk driver hit me I wasn’t really sure what to do. A friend of mine Highly Recommended Arnold Law Firm, what a great recommendation it has been! The staff from lawyers to assistants has been nothing short of amazing. Always are calling and emailing me to update what is going on with your case. A very nerve racking thing to deal with personal injury and what comes from it. But with Arnold Law Firm you can rest knowing they are fighting for every inch for you. Need a law office? Look no further!
This firm is a joy to work with, they really care about their clients. Mr. Minney and Deena were wonderful to work with.
I am very grateful for the services I got from Arnold Law Firm! Everyone was great! Stephanie was awesome! Her dedication and perseverance were admirable! She was the person behind the success of my claim! I truly appreciate her in particular, and Arnold Law Firm staff, in general!
So far, we are very happy with Arnold Law Firm and the personal service we have received by Dominic Sandaval. We are looking forward to continuing this relationship through the remainder of our law suit.
Thank you, Gilbert and Joanne Joseph
Not just legal experts, The Arnold Law Firm and my case manager Stephanie Baffoni genuinely cares about you.
The Arnold Law Firm has a proven track record of success fighting for their clients and I am very thankful to have them supporting me during a very challenging time. What I did not expect is the level of compassion, partnership, and trust Stephanie and the team strives to achieve in what could have been a purely transactional relationship.If you want to be treated like a person, not a number, and know someone is looking out for your best interests, then look no further.