What Happens if the At-Fault Driver Dies in the Accident?

You were involved in a fatal car crash. Fortunately for you, you survived. The other driver who crashed into you, however, died from catastrophic injuries. Your initial reaction may be one of sadness or remorse, but then you have no choice but to turn your attention to yourself and your own injuries. If the at-fault party has passed, who is going to pay for your medical expenses, loss of wages, and accruing out of pocket expenses? Plus who will be responsible for your emotional and mental trauma resulting from the remnants of the collision?

The answer will vary depending on the circumstances of your case. Typically, obtaining compensation comes down to two possible means:

The insurer of the at-fault party’s vehicle
The at-fault party’s estate (if they were uninsured or underinsured).

If neither of these options is viable, you may have to rely on your own resources and assets. An experienced car accident lawyer would be able to better evaluate the facts of your case and determine the best plan of action to get you the most compensation you are entitled to. If you are involved in an accident due to the negligent acts of another, contact the accident attorneys at the Law Offices of Samer Habbas & Associates. For more information or to schedule a free consultation, call 949-727-9300.

Proving Your Case With the Decedent’s Insurance Policy

Even if the deceased had an insurance policy, it does not mean that the carrier will automatically accept fault and tender the full compensation that you deserve for your injuries. You will still have to prove your case and even hire an aggressive car accident attorney to get you the max money damages you deserve for your injuries.

Since the other party died, it is important that you fully document the accident. Doing so successfully will require you to get pertinent information, including but not limited to, personal information for any individuals who witnessed the accident. It is also important that you take as many pictures at the scene of the accident as possible – especially before the vehicles are moved from the point of rest following the crash.

Recovering Damages if the At-Fault Party is Deceased

If you have suffered injuries or your car was damaged in the crash, you need to make sure you keep copies of your medical report, the police report, and any receipts that you may have for the repair of your car or any cars you may have rented. Depending on the specific facts of your accident, you may be entitled to compensation for:

Past and future medical expenses
Loss of earning
Loss of earning capacity
Emotional and mental anguish
Out of pocket expenses

Contact an Experienced Car Accident Claim Attorney

If you or a loved one has been injured in an auto accident caused by the negligence of another party, you should discuss your legal options with an attorney as you may be entitled to compensation. The auto accident attorneys at the Law Offices of Samer Habbas & Associates advocate for their clients’ full financial recovery through hard work and an aggressive approach. For more information or to schedule a complimentary consultation with one of our experienced auto accident lawyers, please call 949-727-9300.