If someone is hurt in a collision and you engage a car accident lawyer, that attorney often begins by identifying a responsible party, collecting evidence, and filing a claim. What happens when the at-fault driver passes away as a result of the crash or shortly afterward? That scenario raises several legal twists, from who carries liability to how claims proceed against an estate or insurance policy.
Options For Victims Against The Deceased Driver’s Estate
Even if the driver at fault is no longer alive, their estate may be liable. Estate administrators can be named as defendants in a lawsuit. Claims typically proceed against available assets of the deceased, bank accounts, real property, and personal property. In many cases, the driver’s auto insurance policy remains a primary source of compensation, since most policies survive the insured’s death for purposes of pending claims.
However, if the estate is insolvent or lacks sufficient assets, full recovery may be limited. In that case, claimants often turn to other potential sources: uninsured/underinsured motorist coverage, claims against other entities (for example, a vehicle’s owner or a maintenance service), or third-party defendants whose negligence contributed to the crash.
How Wrongful Death Laws Apply
If the at-fault driver’s death is related to the crash, survivors and dependents might also bring a wrongful death action. These claims are separate from an injury lawsuit and usually focus on damages such as funeral expenses, lost future support, and emotional losses for family members. State statutes set time limits and define which relatives may sue.
As a result of that scenario, the legal efforts that go into building a claim for a survivor need to be paralleled by any injury claims to ensure consistent outcomes and prevent duplicate efforts. The death may complicate negotiations over insurance reserves and exposure, since insurers often react differently when a case involves fatalities.
Dealing With Insurance Companies And Liabilities
Insurance companies will normally pay valid claims even if the insured individual dies, as long as the policy was in force at the time of the accident. However, in certain scenarios, complexities can arise. Some of these situations are when:
- The insurer may argue that the policy limits apply to all claims combined (injury plus wrongful death), compressing recoveries.
- The insurer might delay payment, arguing that questions over the estate’s liability or proof of fault require resolution first.
- In extreme cases, the insurer might challenge whether the death was unrelated or predated the crash and thus outside policy coverage.
At this stage, the involvement of an attorney in the US is possible only if there is clear evidence that federal, state, or local laws have been violated. For example, if a commercial vehicle crash violated federal safety laws or involved federal highways or property. But most wrongful death and injury claims remain in state civil courts.
What Survivors Should Do Immediately
- Preserve Evidence Without Delay: Photographs, witness statements, crash reports, medical records, and surveillance footage should all be secured as early as possible. Delay can make evidence disappear or degrade.
- Identify and Notify the Estate’s Administrator: As soon as the identity of the estate administrator is known (or if probate is opened), notify that person or representative about your claim. That ensures your rights are timely asserted.
- Assess All Insurance Options: Examine not only the deceased’s liability policy but also your own coverage (such as underinsured motorist). Also, check other parties who might be liable (vehicle owners, manufacturers, roadway maintainers, etc.).
When Legal Representation Is Essential
Multiple legal threads converge in these cases: estate law, insurance law, wrongful death statutes, and personal injury rules. A knowledgeable attorney will coordinate all claims, handle probate-related issues, negotiate with insurers, and position you to recover maximum compensation.
As our friends at the Law Offices of David A. DiBrigida know, the important goal is to protect your rights and make sure responsible parties, whether living or deceased, are held accountable under the law. Speak with a local attorney to learn more.