Deceased Person At Fault in an Accident? Know Your Legal Rights

In the aftermath of a car accident, pursuing legal action against someone who has passed away may be the furthest thing from a victim's mind. However, it's important to understand that car accident laws are designed to protect injured victims, even when the at-fault driver dies in a car accident. In such unfortunate circumstances, most people have specific questions, such as does car insurance cover death of owner? In this article, we'll discuss what happens in an accident caused by a deceased person and explain how a personal injury attorney can guide you through the process.

Understanding Car Accident Laws in California

When dealing with a car accident where the at-fault driver has passed away, there are numerous factors that can influence the outcome of your claim. One key variable is the car insurance coverage limits. The deceased driver's insurance policy may only cover damages up to a certain amount, meaning if your losses exceed that limit, you may need to explore other avenues for compensation.

Probate laws also come into play in these cases. If the driver had significant assets, their estate would likely go through probate, where creditors, including injured victims, can make claims. However, probate can be a lengthy and complex process, with multiple parties vying for a share of the estate. Additionally, state laws and the specific rules governing probate vary, which can affect how much compensation, if any, can be recovered from the estate.

It's also important to remember the statute of limitations, which plays a critical role in any personal injury case. The statute of limitations sets a strict deadline for filing a lawsuit. In most car accident cases, you have two years from the date of the accident to file a claim. Failing to meet this deadline can result in the court dismissing your case, leaving you unable to recover compensation for your injuries.

Filing an Insurance Claim Against a Deceased Driver

If you've been injured in a car accident where the at-fault driver dies, your claim will typically be filed against their insurance company, as mentioned earlier. This means that even though the driver is deceased, their insurance policy is still in effect, and you can seek compensation for your injuries, medical bills, and other damages without the legal complexities you might expect. Essentially, the driver's death should not prevent you from recovering the compensation you're entitled to from their insurance provider.

But what happens if the at-fault driver doesn't have insurance? This situation can be more complicated, but it doesn't mean you're out of options. As we state above, if the deceased driver lacked insurance coverage, you may still have the right to pursue compensation through their estate. The estate is made up of the assets the deceased left behind, and as an injured party, you may be able to file a claim against it. However, recovering damages from an estate can be challenging, as it depends on the size of the estate and whether other debts or claims are competing for the available assets.

When an at-fault driver dies in a crash, it can be a rather traumatic event, for yourself and for the deceased family members. But rest assured, you do not have to deal with this on your own. This is where the guidance of a personal injury attorney becomes crucial, as they can help you navigate the legal process and identify the best route to securing compensation.

Injured in an Accident in North Hollywood or Sherman Oaks?

If you were involved in an accident and believe you need to file an insurance claim against a deceased driver, contact Yepremyan Law Firm for legal help. As an established personal injury law firm in North Hollywood, we have represented clients in Southern California since 1998.

With 24/7 support, our personal injury attorneys offer free case evaluations to help injured victims understand their rights. Call our office to book a consultation with one of our car accident attorneys in North Hollywood or request to speak with a personal injury lawyer in Sherman Oaks. Our firm works on a contingency basis for all personal injury matters. No recovery, no fee.

*No Legal Advice Intended. This website includes general information about legal issues and developments in the law. These materials have been prepared for general informational purposes only and are not intended to be legal advice. Please consult an attorney for legal advice pertaining to any particular legal matter. Use of and access to this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and Yepremyan Law Firm and any of its attorneys, employees, or associates.