Am I Still Eligible To File A Claim if the At-Fault Driver Passed Away in the Accident?
When a negligent driver passes away in a collision, an injured plaintiff may have questions concerning how to submit a claim and how the loss of the negligent driver may influence their claim. It could be more difficult to make a lawsuit against a deceased driver, specifically if litigation needs to be brought. In such cases, you will have to hire a car accident lawyer Philadelphia.
Is my case still viable if the at-fault guy died?
The key question in compensation payments is whether your damage was specifically caused because of someone else’s misconduct. Consequently, it usually does not matter to the viability of your claims if the negligent party survived the collision.
This procedure is often carried out between the responsible insurance provider and the injured party, typically through the latter’s lawyer. It rarely comprises the at-fault driver.
In conclusion, unless the insurance provider is unwilling to make you an offer that satisfies your expectations, the demise of an at-fault driver is not intended to impact your claim for reimbursement. A lawsuit can be required if you cannot come to an agreement on a settlement.
Bringing Legal Action Against a Careless Deceased Driver
It could be essential for you to initiate litigation against a dead person’s estate if the insurance provider did not fulfill your claims for reimbursement, despite having the required proof of liability.
The main difference between compensation claims involving a living and a dead at-fault driver would be this. In cases concerning a survivor of the collision, your litigation may be launched against such an individual, and then fought and finally paid for, by the insurance of the driver.
It becomes more difficult when the at-fault motorist passes away because your claim is brought against the deceased’s estate. As long as there is sufficient insurance to cover such costs, the liability insurance provider would continue to defend the claim and be responsible for paying your damages.
What if enough Insurance doesn’t cover my Damages?
The deceased’s estate can be required to make up for the shortfall if there’s not adequate insurance to pay for your losses. A procedure known as probate, when a judge acknowledges a person’s death and provides benefits for the person’s debts, is frequently necessary to enable the estate to reimburse what the insurance just wouldn’t normally cover.
When you possess uninsured/underinsured motorist coverage as part of your personal motor vehicle insurance plan, you can also make a claim under that policy, notably if there aren’t sufficient assets to pay back a judgment. Keep in mind that this form of insurance will only pay for economic losses, such as missed wages, medical expenses, and property destruction.