The consequences of an auto crash in Winder are typically disastrous and traumatizing. Such accidents often cause severe, life-altering injuries like traumatic brain injuries, spinal cord injuries, paralysis, etc. In the worst cases, it can lead to someone’s death. But what happens if you an accident victim, but the at-fault driver dies? If you’re a victim of a Winder car collision, your automobile accident lawyers can help you get financial compensation.
This is possible through Georgia’s fault-based system that mandates negligent drivers to take responsibility for the consequences of an auto crash. As such, motorists must have at least the required auto liability insurance or risk a “no proof of insurance” charge. The minimum bodily injury liability for Winder drivers is $25,000 per person and $50,000 per incident. The state puts the least property damage liability at $25,000 per incident.
Sometimes, however, not every negligent driver survives the auto crash they caused. In such a situation, you may wonder if you still have a case against a deceased person. This article answers all the questions you may have about pursuing an auto crash claim against a deceased at-fault party.
What Happens When an At-Fault Driver Dies in a Car Crash in Winder, GA?
If the at-fault driver dies, it creates a devastating situation for the deceased’s family. In such cases, many victims hesitate to file for damages to avoid complications for the mourning family. However, you must remember that you need all the financial support you can get to bounce back post-accident. Again, you will likely be dealing with the deceased’s insurance companies and not their families.
In Winder, an at-fault driver remains responsible for your auto crash injuries even if they die in the accident. That’s because in traffic crash cases, what matters most is proving the defendant’s fault. Once you can prove fault or liability for your injuries, it’s immaterial if the defendant survived the collision. As such, you can get damages by filing a claim against the deceased’s auto insurance company.
Again, the claims process is primarily between the at-fault party’s insurance company and your attorney. Typically, your lawyer will gather ample evidence in your favor and initiate the claims process against the insurance company. When the insurance company accepts the claim, they will negotiate a settlement sum with your legal representative. Since the negligent driver has little involvement in the proceedings, their demise rarely affects the case.
How Can I Find the Deceased Driver’s Insurance Information?
One of the first things to do after a traffic accident is exchange contact information with the other drivers. However, this may not be possible when the at-fault driver dies.
If that’s the case, you can obtain the insurance information from the police report. Police databases usually have information on the insurance companies covering various vehicles. They can confirm if the driver has auto insurance by running their Vehicle Identification Number (VIN).
Alternatively, you may decide to send a notice of claim to the deceased’s address on the police report. The statement of claim will request that the decedent’s representatives inform the relevant insurance company of the pending compensation request. The preceding is a last resort if the at-fault party’s insurance details are not in the police report.
What If the Deceased Driver Has No Insurance?
Sometimes, the responsible party may not have auto insurance despite Georgia’s mandatory requirements for drivers. If that’s the case, you can’t file a compensation claim against any insurance company.
However, you can decide to file a lawsuit against the deceased party’s estate. A suit may also be necessary when the at-fault party’s insurance company refuses to settle the claim.
Another option is to turn to your auto insurance company for compensation. This will work if you hold uninsured or underinsured motorist coverage.
Contact Winder’s Best Personal Injury Attorneys Immediately!
Pursuing a car crash case in Winder can be complicated and challenging. It becomes even worse when the at-fault driver dies. You can still get adequate compensation for your injuries in such situations. However, to avoid irreparable mistakes, you must ensure that you hire the services of an experienced Winder auto collision lawyer.
Our Atlanta personal injury lawyers at The Weinstein Firm are available round the clock to attend to your concerns and questions. As the leading injury law firm in Winder, we have all the resources we need to win and will exceed your expectations. What’s more, we offer a contingency fee payment policy to ensure that you don’t pay a dime until you get your desired settlement. So contact us immediately to schedule a free consultation with our expert attorneys.