If the At-Fault Driver Died in the Accident, Can I Still File a Claim?
If the At-Fault Driver Died in the Accident, Can I Still File a Claim?
Posted on behalf of Arnold Law Firm
on November 20, 2020 in Auto Accident Updated on February 24, 2022
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
The whole team has fought for me for over three years. They are very smart and dedicated to their work. They have gone above and beyond for me throughout my whole case. I Highly recommend them for any legal work. If it wasn’t for them, I would not be in the United States Air Force today!
Excellent representation! Very professional and efficient. Stephanie is especially responsive, available and kept me informed throughout process.
They are the best. Never had any problems.
A law suit isn’t easy, finding a good lawyer is hard, and the process can be long. With everything being said, it’s nice to have a team that truly cares, goes above and beyond for you/your case, and works in your best interest. Even the woman that work at the front desk are extremely welcoming and incredibly sweet. So if you’re looking for a lawyer, call Arnold Law Firm. You won’t be disappointed.Thank you Joshua, Anna, the rest of the team, and Arnold Law Firm for being incredible! Like I said, I couldn’t be more grateful for the hard work and care you have put into my case.
I would highly recommend Arnold Law Firm, especially George Chryssafis. He did an excellent job.