Can I Still File a Claim if the At-Fault Driver Was Killed in the Crash?
Minnesota car crashes are dangerous for everyone involved. While some at-fault drivers avoid serious injuries, others aren’t so lucky.
This raises many questions in the minds of victims. Can I still file a claim with the at-fault driver’s insurance company? Am I pursuing compensation from the deceased driver’s family?
If you were seriously injured in a crash caused by another driver, and that driver did not survive the collision, TSR Injury Law may be able to help you take legal action.
Our firm has been helping those injured in Minneapolis car crashes for many years. Our Minneapolis vehicle crash lawyers have secured millions to help these victims take back their lives.
Contact our firm today to schedule your free consultation: (612) TSR-TIME.
What Happens to the At-Fault Driver’s Insurance Policy?
If the at-fault driver had car insurance before the crash, the policy should cover the collision, whether the driver was injured, killed or unharmed. The policy does not suddenly become invalid because of what happened to the policyholder during the incident. Generally, the injuries suffered by this driver do not affect the victim’s ability to seek compensation.
This means the victim of the crash may be able to seek compensation from the at-fault driver’s liability insurance. The victim and his or her lawyer must prove the driver was negligent and link the victim’s injuries to the deceased driver’s negligence.
You may be concerned about seeking compensation, thinking that you are taking money from the family of the at-fault driver. However, it is unlikely you will be dealing with the family of the deceased at all. You and your lawyer would be asserting a claim with the at-fault driver’s insurance company. Your claim will have no financial impact on the decedent’s family.
Another reason to hire a lawyer is because the insurance company might not agree to pay out the compensation you need. A lawyer will be able to file a lawsuit on your behalf.
What if the at-Fault Driver Did Not Have Liability Insurance?
The at-fault driver may not have had insurance, or the policy may have expired before the collision occurred. In this type of situation, you would not be able to file a liability insurance claim because there would be no policy to pay out on the claim.
When there is no liability policy to recover from, you would need to turn to the uninsured motorist coverage in your own policy. This coverage is reserved for crashes with drivers who do not have insurance.
Can You File a Claim or Lawsuit Against the Deceased Driver’s Estate?
If the at-fault driver was uninsured, it may be possible to file a lawsuit against their estate. The lawsuit would make you a creditor of the decedent’s estate. If your lawsuit is successful, you would be paid as part of the probate process.
However, while filing a lawsuit against the deceased driver’s estate may be possible, it is an unlikely scenario. Most people do not have the assets to pay for medical care and other damages caused by a crash. When people get injured in Minnesota car crashes, compensation is usually paid out by the liable insurance company, uninsured or underinsured coverages.
Challenges of Recovering Compensation if the At-Fault Driver Died
People often think it should be easier to recover compensation if the at-fault driver is not there to dispute your account of the crash.
However, this could make the case more difficult to resolve. The insurance company may say it is difficult to determine what happened without hearing the deceased driver’s account of the collision. They may even say the fact their policyholder died means you are to blame for the collision. The insurance company is not going to pay out the claim because you were seriously injured.
This is why you should contact an experienced lawyer to manage your case. The experienced lawyers at TSR Injury Law have been helping crash victims for decades. We have been through the legal process thousands of times and have helped victims injured in a wide variety of collisions. We know how to build strong cases and pursue maximum compensation for victims.
Our lawyers will thoroughly investigate the collision to determine the cause of the crash, how negligence was involved, and ultimately outline a plan to get you the justice you deserve.
Call TSR Injury Law For Legal Help Following a Crash
Injured victims often have many questions after a crash. During this uncertain time, you could greatly benefit from meeting with an experienced attorney.
Our firm is deeply committed to securing full compensation to help you move forward from this unexpected crisis. There are no upfront costs with our services. That means the initial legal consultation is free and there are no fees while we work on your case.
TSR Injury Law helps injured victims with the legal process. Call us at: (612) TSR-TIME.