Car Accident Claims When the At-Fault Driver Dies

Even if a car accident results in death, it is still possible for a family member to pursue a claim on their behalf. Car accidents can be stressful, especially when the at-fault driver passes away. It can become difficult to navigate the legal and financial challenges without a skilled car crash attorney. The legal team at Smith Hulsey Law knows how to navigate car accident claims when the at-fault driver dies. For more information, get in touch with our office today.

Understanding the Legal Process

In some cases, the deceased driver’s estate will undergo probate before you can pursue your claim. During probate, an estate is distributed to pay off debts and deliver inheritances to the beneficiaries in a fair manner. By pursuing your claim, you become a potential creditor, and the estate will need to settle your claim when it is resolved.

Initiating the Claims Process

Victims of car accidents involving a deceased driver should initiate the claims process as soon as possible. This typically involves contacting their own insurance company to report the accident. Additionally, individuals may need to reach out to the estate of the deceased driver or their insurance provider to pursue compensation for damages, such as medical expenses, property damage, and lost wages.

Dealing with Insurance Companies

Insurance companies may attempt to minimize payouts or deny claims altogether by citing factors, such as policy limits, coverage exclusions, or disputes over liability. It is essential to be prepared to provide thorough and specific documentation and seek legal guidance if you encounter pushback from insurance companies.

Exploring Alternative Avenues for Compensation

In some instances, victims of car accidents involving a deceased at-fault driver may need to explore alternative avenues for compensation. This could include pursuing claims against other liable parties, such as negligent road maintenance authorities or manufacturers of defective vehicle components. Additionally, victims may be eligible for compensation through their own uninsured/underinsured motorist coverage if the at-fault driver’s insurance is insufficient.

An attorney could help you explore your legal options and determine the most effective approach to secure compensation.

Understanding the Probate Process

The probate process plays a crucial role in determining how the assets of a deceased individual, including potential insurance payouts, are distributed among creditors and beneficiaries. Victims of car accidents involving a deceased at-fault driver should understand the probate process, as they may need to file claims against the estate to secure compensation for their damages.

Seeking Legal Assistance

In car accident cases where the at-fault driver died, seeking legal assistance is often advisable to navigate the complexities of the claims process. An experienced attorney could advocate for your rights and help you pursue fair compensation. They could also handle any legal challenges, such as probate proceedings or disputes over liability, on your behalf.

Consult With a Car Accident Attorney About Claims When the At-Fault Driver Dies

Car accident claims when the at-fault driver dies can present legal challenges for victims seeking compensation for their injuries and losses. The legal team at Smith Hulsey Law is here to help – schedule your consultation today.

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