Can I File For Compensation If The At-Fault Driver Dies In The Accident?

All car accidents are scary, but the ones where one of the victims dies can be particularly scarier. Watching someone die, even if it is a stranger, can be a traumatic experience. Nevertheless, if the other party caused the accident, you are entitled to compensation. 

Filing for compensation when the at-fault dies can be a complicated process. Consult an atlanta auto accident attorney to help you file a third-party claim to pursue medical bills, lost wages, and other damages. 

Do I still have a case if the responsible party dies in a car accident?

When you get involved in a road accident, and the other party dies, you may be scared. You may think the court will blame you for their death. However, that is never the case. You can still prove the other party’s fault with the help of an attorney by presenting evidence. Once you demonstrate that the deceased party was at fault, they become liable for your damages.

How can I recover compensation if the driver dies?

If the other party had motor insurance, you could file a third-party claim with their insurance company. Even if the driver were alive, they would probably pay your damages using their insurance money. Therefore, their insurer should process the claim the same way they would have if their policyholder were alive. 

What if the person does not have enough insurance or any at all?

If the at-fault party does not have adequate insurance money to cover all your damages or does not carry insurance at all, you can file a claim with their estate. This process can be more complicated than others. Here, the deceased’s estate will need to go through the probate process, divide the inheritance according to the person’s wishes, and divide the debts. 

When the debts are divided, you will be considered a potential creditor with a claim on the estate. However, you will only receive the money after winning your car accident case. 

What if the deceased driver has neither insurance nor an estate?

If the driver has neither insurance nor an estate, you may use your own uninsured motorist coverage or UIM. If you carry UIM coverage, it should pay for the damages caused by other parties. However, if you do not UIM, you may have no other option but to pay out of pocket. 

Even if you think all the doors to compensation are closed, you should still retain an attorney. Each car accident case is different, and your attorney can look into your case to determine whether there are other options available. They will make sure that you do not have to pay the cost of your damages out of your pocket. 

 

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