We rarely consider the dangers of driving when we get into our cars and head off to our everyday lives. However, some car accidents can be detrimental and can result in death. When a victim dies in a car accident, their family members can usually pursue a claim on the victim’s behalf. But what happens if the person who caused the accident passes away? Can you still file a claim? An attorney at Sullivan & Galleshaw would be able to help you get answers to any questions you may have.
The state laws
The laws surrounding car accidents and car accident claims differ from state to state. Some states work on a no-fault basis, where the fault is not determined. Other states have a fault system where the person responsible for the car accident is held liable. In an at-fault state, you have the right to file a claim against the driver that caused the car accident. You also have a right to file a lawsuit against the at-fault driver, but it is important to note that most claims do not end up in court.
You can file a claim against the at-fault driver’s insurance providers.
All drivers have a legal obligation to have insurance coverage. It may sound cruel, but whether the driver who caused the accident is living or dead does not matter. You can still file a claim against the insurance providers of the at-fault driver, and they will step in to help you and cover your damages.
However, there are cases when the at-fault driver was uninsured or underinsured. In such a case, you can file a UIM (Underinsured Motorists) or UI (Uninsured Motorists) claim with your insurance providers. The UIM and UI claims exist to protect you in this very kind of situation.
You can file a lawsuit against the at-fault driver’s estate.
If the at-fault driver’s insurance, or lack thereof, is not enough to cover your damages, you may have no choice but to file a lawsuit against the deceased driver’s estate. Most people would be hesitant to do this since the deceased driver’s family would already be grieving. However, you should rest assured that your case would not cause any monetary strain on the at-fault driver’s family; rather, their insurance providers would compensate you.
Get help from a professional
Car accidents can be very debilitating to everyone involved. You have the right to pursue a claim if you have been injured in a car accident caused by someone else’s negligence. Get in touch with an experienced car accident lawyer today and learn how to protect your rights.