Who Pays My Damages If the At-Fault Driver Dies in the Car Crash?

find out how to file a claim against a deceased driver

One of the most challenging legal and emotional situations is when the driver who is responsible for an accident dies. At this point, the other driver wonders: can I file a claim against a deceased driver? Should I do it, considering that their family suffered a terrible loss? In this case, you should discuss your doubts with an experienced Athens car accident lawyer at The Weinstein Firm.

In this article, we will discuss some of the aspects concerning the legal process for getting compensation if the at-fault driver dies in the crash.

The Insurance Company Is Still Responsible to Handle Your Claim

The most important thing to know in order to ease any misgivings is that you do not have to knock on the grieving family’s door and demand damages. The at-fault driver’s insurer still has the legal obligation to accept and analyze your claim.

The auto liability insurance system is very simple: the insurance follows the car, not the driver. If the driver was insured at the moment of the crash, the policy is still valid even if they lost their life.

Filing a claim against a deceased driver starts in the same way as after any other crash. You have to follow the basic rules:

  • Report the accident to the police
  • Document the crash scene
  • Get medical attention
  • Obtain a copy of the accident report
  • Consult with an experienced car crash attorney

What If the Insurance Company Refuses to Settle?

Many insurance companies attempt to deny claims filed after their client died in the crash. They believe that you do not know what other legal options you have after they refuse to settle.

However, an experienced attorney has the answer: you can sue the deceased driver’s estate and the insurance company is obliged to defend them in court.

you can still win compensation if the at-fault driver dies

Steps to Take If the Deceased’s Estate Does Not Have an Administrator

Some families need time to process the sudden loss of a loved one and postpone the process of debating the estate. This could be a problem, since the statute of limitations for taking legal action is just 2 years after the date of your accident.

However, an experienced Athens car accident lawyer knows that this problem can be solved. Georgia law on probates allows a creditor to petition the court for the appointment of an administrator of the estate.

The administrator thus appointed can only act in the matter of representing the estate in a lawsuit for damages filed by a creditor or an injured party.

What Happens If the Deceased Driver Was Uninsured or Underinsured?

In the most unfortunate case scenario, the at-fault driver who died in the accident was uninsured. Or they only carried the minimum insurance coverage, insufficient to pay for all your damages.

In this situation, you have two options. If you have supplementary uninsured/underinsured motorist coverage (UM/UIM), you can file a claim against this policy. However, since this type of insurance is not mandatory, not all drivers have it.

The other option is suing the deceased’s estate in probate court. This is a special court that deals with the estates of deceased persons. It makes sure that all the creditors and debts are paid and that the remaining assets are distributed among the heirs.

Will This Procedure Take a Long Time?

Compared to the average car accident claim, filing a claim against a deceased driver will take longer to settle. However, an experienced attorney will not allow the insurance company to delay a final decision on your claim for too long.

Once it is clear that they refuse to settle, the attorney will instruct you to file your claim against the estate. In the end, what truly matters is that you get fair compensation for your damages.

Schedule a Free Consultation with a Skilled Athens Car Accident Lawyer!

For the attorneys at The Weinstein Firm no case is too complex or difficult to handle. Even if the at-fault driver lost their life in the crash, your right to seek damages against their insurance company survives. And an experienced Athens car accident lawyer will make sure that you get the best possible settlement.

Since the process in this situation takes a longer time, we recommend you contact us as soon as possible after the accident to schedule a free case review at 770-HELP-NOW!

Latest Posts

Rollover Accidents in Decatur: Causes, Prevention, and Compensation
Weather Accident: Liability and Insurance Aspects in Bad Weather
The Most Common Truck Accident Injuries Explained
The Statute of Limitations in Georgia Car Accident Claims
Get the compensation
you deserve $$$

Local Auto Accidents

  • Atlanta
  • Conyers
  • Decatur
  • Kennesaw
  • Lawrenceville
  • Morrow
  • Watkinsville

Fatal Crash Blocks All Lanes On I-85 South In Gwinnett  Gwinnettdailypost.com [...]

Best Personal Injury Lawyers In Atlanta, GA Of 2024  Forbes [...]

1 killed in crash off I-75 in northwest Atlanta, police say  Atlanta News First [...]

One killed, another injured after car leaves roadway, crashes into tree: Atlanta Police  11Alive.com WXIA [...]

At least 11 killed on Georgia’s roads since start of holiday weekend  Now Habersham [...]

Billy Hydrick killed in Decatur 2-vehicle accident  The Legal Advocate [...]

Decatur launches pace car program to slow down drivers and prevent pedestrian crashes  Decaturish.com [...]

Child, 3 Adults Dead In Fiery GA Wrong-Way Crash Identified: GSP  Patch [...]

Crash at notorious Decatur intersection sends three to the hospital  Decaturish.com [...]

1 dead in DeKalb County crash involving Tesla: Police  11Alive.com WXIA [...]

Construction worker fatally injured on UGA campus; investigation underway  Online Athens [...]

Watkinsville woman killed in two-vehicle collision in Oconee County  Online Athens [...]

Truck driver killed, 3 others injured in related traffic accidents, Athens police say  Atlanta News First [...]

Watkinsville man killed, others injured in Towns County wreck  Online Athens [...]

Barrow Co. firefighter and son critically injured when their car collides with dump truck  Classic City News [...]

The Role of Weather in Louisiana Car Accidents: Legal and Safety Perspectives  EIN News [...]

Best Personal Injury Lawyers In Atlanta, GA Of 2024  Forbes [...]

3 dead after driver flees from GA police, crashes vehicle as car goes up in flames  WSB Atlanta [...]

Clayton County: Stolen ambulance chase leads to crash near Tara Boulevard, Dixon Road  FOX 5 Atlanta [...]

Lanes blocked following multicar crash on I-75 in Clayton County  11Alive.com WXIA [...]

Woman killed after losing control of car on Barrett Parkway  Cobb County Courier [...]

Three injured, two seriously, in motorcycle/car collision on Chastain Road in Cobb County  Cobb County Courier [...]

5-year-old released from hospital after Bartow County crash that killed 5  11Alive.com WXIA [...]

Bartow County crash: KSU student laid to rest  11Alive.com WXIA [...]

‘She was an angel:’ Friends remember 21-year-old killed in Bartow crash that left 5 dead  WSB Atlanta [...]

Sky Collision Expanding to Lawrenceville  What Now Atlanta [...]

At least 1 dead in major crash on I-85 South  FOX 5 Atlanta [...]

Fatal Crash Blocks All Lanes On I-85 South In Gwinnett  Gwinnettdailypost.com [...]

Motorcyclist hospitalized after crash with car near Gwinnett County Kroger  WSB Atlanta [...]

Woman killed in Henry wreck that shut down I-75 South for hours   The Atlanta Journal Constitution [...]

Cheapest Car Insurance Quotes in Georgia (Best Rates in 2024)  ValuePenguin [...]

2 killed in motorcycle crash on I-20 in Rockdale County  WSB Atlanta [...]

2 killed in Rockdale County multi-vehicle crash, sheriff’s office says  Atlanta News First [...]

Two people dead after crash in Walton County, GSP says  11Alive.com WXIA [...]

Crash on I-285 in DeKalb County closes all lanes; how to get around  11Alive.com WXIA [...]

Free Case Review
Weinstein law firm logo
Let's get started with your FREE consultation
Weinstein law firm logo
Injured in an Accident? You Want the Best!

When it comes to personal injury cases, time isn't always on your side. Contact us today and see why all of our clients say Weinstein Wins!

Let us fight for your rights and get you the maximum compensation you deserve!