All Questions

May 7, 2020 | Gary Burger

Can I Sue If the Person That Caused the Accident is Dead?

If you were injured in an accident, the person responsible in the crash is responsible for damages. From medical expenses to lost wages and pain and suffering, you can recover compensation from the driver's insurance company.

But, what happens if the at-fault driver is killed in the accident? Can you sue a dead person at fault in an accident?

The answer is yes. If you are looking to pursue a claim against a deceased person at fault in an accident, you can file a claim against their estate or insurance company.

Filing a Claim Against the Driver's Estate

An estate is the property and assets that an individual leaves behind after death. The deceased's estate is represented by a personal representative, typically their spouse, children, or parents. The personal representative appointed to the deceased's estate is responsible for overseeing the probate process, which is the process of an estate being divided to fulfill debts and things promised to individuals written into the deceased's will.

The probate period that an estate goes through is complex. If you suffered injuries in an accident caused by a deceased person, you need to seek legal representation immediately and discuss your claim with a wrongful death attorney. An experienced attorney can ensure that you meet probate deadlines, have sufficient evidence to develop your claim, and can make sure that your claim is settled successfully.

Filing a Claim Against the Driver's Insurance Policy

If the at-fault driver in a car accident is killed in the crash, the person's insurance company is still responsible for any claims against the deceased's insurance policy. For example, if a drunk driver is killed in an accident that they were at fault in, you can file a claim against their car insurance policy with help from an experienced attorney.

Filing an insurance claim against a deceased driver can be challenging, but with help from an attorney, you can gather a copy of the police report from the accident, evidence of your injuries and other losses, and bring a strong claim for recovering damages from the accident. Your attorney can negotiate with the insurance company to make sure that a fair settlement is retrieved for your claim.

If you were injured in an accident, and the person that caused the accident is dead, you can file a car accident claim against the deceased. Burger Law is dedicated to helping car accident victims and their families through the difficult process of recovering damages. Our car accident lawyers are here to help you answer any questions about your case, and recover compensation for any damages related to the accident. For a free case review, contact us now by calling 314-542-2222 or 618-272-2222.