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If you’ve been injured in a vehicle accident, you expect to be able to sue the at-fault driver for
damages to help pay for your medical costs and lost wages. But what happens if the driver who
caused the car accident dies in the accident?
This can make it much more complicated for individuals to get the compensation they deserve
since the individual they would have sued is no longer living.
If the deceased driver is covered by insurance, there may be compensation available to the
victim. If the motorist was not insured or did not have enough coverage, it may prove more
difficult to find the money for any damages that were incurred because of the accident.
Our Florida auto accident lawyers at Nooney, Roberts, Hewett & Nowicki will help you get
maximum compensation, even if the at-fault driver is deceased. Call us today at (904) 398-1992
for a free consultation.
Can You File a Claim if the At-Fault Driver Dies in the Car Accident?
In short, yes. There are several ways you can seek compensation for your injuries due to a car
accident with an at-fault driver who is deceased. However, it may sometimes be complicated.
Here is why. Normally, in a car accident lawsuit, you would file a claim against the at-fault
individual. If that individual is dead, then they cannot be the target of your claim/lawsuit. In this
situation, you are still entitled to make a claim against the decedent (the deceased individual).
There are two methods for filing this personal injury claim: Filing through their insurance or
their estate.
But, if your personal injuries are minor, you should first be going through your own insurance, as
Florida is a no-fault state.
Minor Injuries in Florida as a No-Fault State
Florida is a no-fault state, which requires all drivers to have personal injury coverage in their car
insurance policies up to $10,000. This coverage can be used for your medical expenses and lost
wages in the event of a car accident.
Even if it wasn’t your fault for the accident, you can still file a claim through your own policy.
The $10,000 coverage is your first way to collect damages after a car accident for which you
were not at fault. However, if your damages exceed this $10,000, then you would need to seek
compensation from the at-fault party.
For this to happen, you would need to have a “serious injury,” as classified by Florida. Having a serious injury would mean that you need to have suffered a significant loss of a bodily function, have a permanent injury, have significant scarring or disfigurement, or have perished in the accident.
Filing a Claim Against the Insurance Company
If the deceased driver was insured, as every Florida driver is supposed to, then you can file a car
accident claim against their insurance. If this is the case, then your claim will proceed as if the
insured party was still alive. Since you will be filing against their insurance and not them as an
individual, and the policy remains in effect, the case will proceed similar to one in which the atfault driver was alive.
You will need to hire a professional personal injury lawyer to assist you with the proceedings
and to fight for the compensation you deserve. Call our personal injury attorneys at (904) 398-
1992 today to schedule a FREE consultation.
A lawyer will protect you from the insurance company, which is likely to offer you a low-ball
settlement offer way below what you deserve.
Filing a Claim Against the Deceased’s Estate
If the deceased driver did not have insurance, you may need to file a claim against his or her
estate. If you have uninsured motorist coverage through your own car insurance, you may be
able to skip this complicated step.
If not, you will need to hire an experienced Florida car accident attorney who knows how to
navigate through both probate and personal injury law.
It is highly encouraged to hire an attorney who can file a claim against their estate, which
involves filing for a new probate case. Once the case is filed, you may be able to collect assets
from the deceased driver’s estate. Call one of our experienced attorneys today at (904) 398-1992
so we can assist you through this difficult process.
The difficulty with this type of collection process is that it normally takes months for this kind of
filing and collection. If the deceased did not have many assets, you also risk not being able to
collect the compensation you need. Speaking with an experienced personal injury attorney will
help you determine and explore your options.
The Deceased’s Family
Many victims hesitate to file a claim against the deceased’s estate because they worry about the
deceased’s family. As they are grieving the loss of a family member, they do not need to endure
the complications of a trial. Fortunately, these proceedings will not impact them financially.
You cannot receive compensation from these individuals for your damages. You can only go after the deceased’s insurance and estate. This means that these individuals will not be financially impacted by you getting the compensation you deserve.
Call a Results-Driven Car Accident Attorney Today!
If you or someone you may know has been injured in a car accident where the other driver
passed away, it is highly crucial for you to reach out for help from an experienced and resultsdriven attorney. They will be able to guide you through this intricate process and fight for the
compensation you deserve.
Call Nooney, Roberts, Hewett & Nowicki at (904) 398-1992 to schedule a free consultation
today!
With our decades of experience, we have helped victims like you get the compensation they
deserve. We will work tirelessly and aggressively advocate for you to get the best possible
outcome. Please do not wait any longer to receive the help you need to obtain the compensation
you deserve. We value all of our clients at our firm and give you small firm attention and give
you big firm results.
Call (904) 398-1992 or fill out a fast and convenient form to schedule a free initial consultation
with an experienced personal injury attorney.
