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.
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!
