If the at-fault driver in your car accident passed away, you may feel strange filing an insurance claim against them. Do you have the right to seek car accident compensation from the deceased? Or should you just leave their family alone?
Seeking compensation isn’t personal; it’s your right as an accident victim. You may still be able to file an insurance claim or even a lawsuit against the at-fault driver and recover compensation. Often, you will not have to deal with the deceased driver’s family directly during this process.
If your car accident happened in Florida, the state’s no-fault insurance rules will apply to your case. Florida drivers are responsible for carrying personal injury protection (PIP) insurance. They typically file insurance claims with their own companies after an accident, regardless of who was at fault.
You would need to first file a claim with your insurance company for medical bill coverage, car repair compensation, and lost wages reimbursement. There is one main instance where you would need to file with the at-fault driver’s insurance instead: Your injuries meet the “serious injury” threshold.
This means you experienced one of the following:
In this case, your own PIP coverage may not fully account for future medical expenses and related damages. You may need to seek a personal injury settlement from the victim, which usually involves reaching out to their insurer to file a claim or lawsuit.
You shouldn’t need to speak with the deceased driver’s family when filing such a claim. You’ll just need to talk to the adjuster. Their policy will still cover the accident because it happened before the driver’s death.
If the at-fault driver’s insurance company fails to provide an adequate payout, or the coverage limits are not high enough to pay for all of your expenses, you may need to explore filing a lawsuit against the deceased driver’s estate. You would be seeking compensation from the defendant’s assets, such as their bank accounts and real estate.
The insurance company would likely still defend the lawsuit, not the deceased driver’s family, as long as you are seeking a payout within the coverage limits. If you are instead pursuing compensation beyond an insurance claim, the family may need to be involved.
It is within your rights to pursue car accident compensation, regardless of whether the driver is alive or deceased. Your attorney will help you navigate this process as tastefully and professionally as possible.
You may hesitate to pursue economic or pain and suffering damages because you know the deceased driver’s loved ones are also dealing with a significant amount of pain and grief. You may also worry about stealing from their inheritance if you seek compensation from the driver’s estate.
The choice is ultimately up to you, but remember that if the driver had survived the accident, your damages would have come from the same accounts they are coming from now. You’re not acting out a vendetta against the family; you’re pursuing the compensation you need to move forward.
Being involved in an accident that leads to fatalities can be extremely traumatic, even if the deceased driver was at fault. Allow our attorneys at Fenstersheib Law Group, P.A., to give you peace of mind throughout the car accident compensation process.
Call us today at 800-TellRobert (800-835-5762) or 954-456-2488 for a free consultation
Q: Can I file an insurance claim if the at-fault driver in my car accident is deceased?
A: Yes, you can still file an insurance claim against the deceased driver’s insurance policy. Their policy covers accidents that occurred before their death.
Q: What if my injuries from the car accident are considered “serious” under Florida law?
A: If your injuries meet Florida’s “serious injury” threshold, you may need to file a claim with the at-fault driver’s insurance for additional compensation beyond your PIP coverage.
Q: Is it possible to file a lawsuit against the deceased driver for car accident compensation?
A: Yes, you can file a lawsuit against the deceased driver’s estate if the insurance payout is insufficient. This seeks compensation from their assets.
The Lawyers at Fenstersheib Law Group, P.A. provide
personalized legal representation for personal injury cases.
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