Life is full of twists and turns, or so they say. This rings true for those injured in accidents caused by negligent drivers. What if fate takes an unexpected turn, and the driver responsible for your injuries passes away? Can you still pursue a claim?
The case may continue
When the at-fault driver liable for your injuries dies, the claim usually shifts to the deceased driver’s estate. This means the personal representative of their estate becomes responsible for handling any legal matters, including working with the insurance company and managing the estate’s assets during the claims process.
The compensation you can receive may come from various sources. The deceased driver’s auto insurance policy will likely be the primary source. If the policy limits do not cover all your damages, you might need to seek additional compensation from the estate itself.
If the estate has limited assets and the insurance coverage is insufficient, it could affect the amount you receive. In cases with multiple claimants, the available funds may need to be divided among all parties seeking compensation.
The clock may tick faster
Time is of the essence in these cases. You generally have two years from the date of the crash to trigger a personal injury claim, but this deadline applies even if the at-fault driver dies. It is essential to act promptly when pursuing this claim.
Dealing with insurance companies and estate representatives can be tricky, especially when you are recovering from injuries. You may encounter resistance from insurance adjusters who try to lower the value of your claim or argue that the driver’s death affects their liability.
But remember, seeking compensation after an accident is your right. When the at-fault driver dies, it adds complexity to your claim but does not make it impossible. Consulting an attorney ensures you follow the right legal path and helps you focus on healing and recovery.