car accident victim on stretcher

What If the Driver at Fault for My Car Accident Dies?

It is scary and devastating to be injured in a car accident. Filing a personal injury lawsuit after you were injured can seem complex and intimidating, especially if the at-fault driver passed away during or after the accident. You may be wondering,Can I still be compensated for my injuries? Can I still file a personal injury lawsuit? The answer to both of those questions is yes.

If the Deceased At-Fault Driver Has Insurance

If the at-fault deceased driver has auto insurance, you can pursue a claim against his or her insurance policy. Therefore, the insurance company will process the claim in the same way it would if the at-fault driver was still alive. In this instance, you could receive compensation from the deceased at-fault driver’s insurance company.

If the Deceased At-Fault Driver Does Not Have Insurance Or Is Under-Insured

However, if the at-fault deceased driver did not have auto insurance or is underinsured, you would need to file a claim against the driver’s estate. An estate comprises a person’s property and assets. The deceased driver’s estate will need to go through the probate process in court, which involves the estate being divided up to pay debts and deliver inheritance money according to the decedent’s wishes. Since you are pursuing a claim, you would become a potential creditor with a claim on the estate. That means the estate will need to pay its debt to you if your case is settled or won in court.

If the Deceased At-Fault Driver Has No Insurance and No Estate

If the at-fault driver did not have auto insurance or an estate, you can seek compensation through your own uninsured motorist (UIM) coverage. If you have UIM as part of your insurance policy, your insurance company may be responsible for coverage up to your stated policy limit depending on the extent of your injuries.

Tips for a Strong Personal Injury Auto Case

You will need evidence to prove that the deceased driver caused your injuries. Important evidence includes:

  • Photos of the scene
  • Filing a police report
  • Copy of the police report
  • Information about the deceased driver
  • Witness statements
  • Copies of your medical records
  • Copies of your medical bills
  • Receipts for vehicle repairs or rental cars

How GoldenbergLaw Can Help You

If you or a loved one was injured in an auto accident and the at-fault driver passed away, contact the Minnesota Auto Accident Attorneys at GoldenbergLaw for a free consultation. Our team has more than 35 years of experience providing the Gold standard of advocacy for our clients. Let us fight for the justice you deserve!


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