Filing a Claim Against the At-Fault Driver in a Car Accident: What If this Driver Died?

Car accidents can be devastating, especially if they result in fatalities. When a person dies in a car accident because of the negligent action of another driver, the deceased’s loved ones can pursue damages against the responsible driver. But, the complexity of filing a claim can be heightened when the at-fault driver also dies. 

Do You Have a Case?

Texas is an at-fault state. Because of this, the at-fault driver’s insurance provider should pay damages. Even if their policyholder dies, the provider remains liable for the injuries or property damage of the affected party. 

If the at-fault driver didn’t have enough insurance coverage or had no insurance at all, the victim can seek damages from the estate of the deceased. But, this process involves complicated legalities. Thankfully, the claimants can work with a houston car accident attorney who can review their claim and determine if they can help them.  

What to Know When You File a Claim Against the At-Fault Driver’s Insurance Policy

The insurance policy of the negligent driver plays a major role in the claims process. This is true even if the at-fault driver died in the crash. For example, if your car accident resulted from the other driver’s drunkenness who then died in the accident, you can file a claim against their insurance policy to get compensation for your injuries or your passengers’ and damage to your car. Your lawyer can help walk you through this process and ensure you get the maximum compensation you need.

Pursuing Compensation Through the Deceased’s Estate

While the majority of personal injury claims get settled out of court, if the driver who caused your accident dies and their insurer refuses to provide you with enough compensation, you may need to file a lawsuit against the estate of the negligent driver. This means that you will be dealing with a spouse, child, or parent as a representative of the estate. A skilled car accident attorney will also guide you as you explore the lawsuit filing process and give you solid representation at trial. 

The best lawyer to work with understands the emotional distress a deadly vehicle crash can cause. They will work hard to help you recover compensation that you can use as you go on with your life after the life-changing accident. Often, the initial consultation with the attorney is free and they may work on contingency. Thus, they only charge you unless they win compensation for you.