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Is It Possible to File a Claim When the At-Fault Driver Dies at the Car Crash?

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In the United States, when the driver accountable for the accident dies in the car crash, the injury victim might have several queries concerning the ways to file the claim. Also, they need to know how their claim will get impacted by the death of the at-fault driver. Filing the dead driver’s claim can bring complications, more so when you have to file a lawsuit.

Today, expert injury attorneys can help you in this challenging process for recovering the compensation that you need from the dead at-fault driver’s estate and insurance.

Is there a case when the at-fault driver is dead?

The claims for the compensation are down owing to another person’s negligence that leads to damages. Hence, whether or not the negligent party is alive post the crash is irrelevant to your claim validity. In the at-fault states, the driver should carry their liability insurance because of the accident. And when that person leads to a crash, it is possible for the injured person to file a compensation claim with the liable person’s insurance company. It will lead to a negotiation to arrive at an agreement. Ideally, this process might get done between the injury victim and the liable insurance company with the help of a lawyer. ‘

To explain in a nutshell, the death of the at-fault driver will not impact the compensation claim in any way until the insurance company refuses to provide any settlement that caters to the demands. And when you are unable to arrive at any settlement, there might be a lawsuit.

The process of filing the lawsuit against a deceased, negligent driver

When the insurance company doesn’t cater to your needs of compensation, despite you presenting all the required proofs, you might have to file a lawsuit against the dead person’s estate. It is here that the compensation claims for a deceased and living at-fault driver will vary. In the cases where the driver survived, the lawsuit can be filed against him and defensed, thereby paying ultimately by his insurance.

However, in those situations where the at-fault driver is dead, the lawsuit would get filed against his estate, making the process challenging and complex. Here the liability insurance company will keep defending the case and can pay for the damages, till there is ample insurance for covering the expenses.

When there is not sufficient insurance for covering the damage?

In case, there isn’t sufficient insurance for covering the expenses of the damages, the estate of the decedent might have to pay the difference. And to ensure that it happens, the insurance company will need probate. Here, the court identifies the person’s death and makes the necessary debt payments. Today, expert injury attorneys specializing in car accident cases from reputed firms are ready to help you to file the claim via the probate court for you to get the compensation that you require, even from the estate of a driver who is dead.

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