If you are involved in a motor vehicle accident where the driver who is at fault dies in the crash, you may wonder how to handle the car insurance claims process. While the death of the at-fault driver can present challenges during your claim, it does not take away your right to recover financial compensation for your losses.
You Can Still Hold a Deceased Driver Liable for a Car Accident
Liability, or financial responsibility, for an automobile accident in Nevada is assigned to the driver or party most at fault for causing the crash under the state’s fault-based insurance law. Whether or not that driver survives is generally not relevant to the claim. The death of the at-fault party does not negate his or her liability. You still have the right to file a claim with the deceased driver’s car insurance company in pursuit of compensation for your losses, which may include medical bills, property repairs, lost wages, and pain and suffering. If you or your car accident attorney can prove that the deceased driver was negligent, or failed to act with proper care, and this caused the accident, you can qualify for coverage from that driver’s insurer.
You May Have Options for Additional Financial Recovery
If your losses exceed the limits of the deceased driver’s car insurance policy, you may need to explore other financial recovery options. You can use your own uninsured or underinsured motorist insurance for supplemental coverage, for example. You may also need to hold the deceased driver directly liable. Bringing a lawsuit against a deceased individual involves the decedent’s estate. Unlike a typical personal injury claim, this type of case will go through probate court, which facilitates the payment of a deceased person’s debts. You may be able to collect compensation from the estate or assets of the deceased at-fault driver if an insurance claim is not sufficient.
Your Car Accident Claim May Take Longer Than Usual
A car accident claim involving the death of the at-fault driver may take longer to resolve than other cases. Probate court can be a lengthy legal process, depending on the complexity of the decedent’s estate. In addition, if the deceased driver’s car insurance company is refuting the liability of its policyholder, you or your Las Vegas car accident lawyer may have to prove your case. Another potential obstacle is the insurance company arguing that the policy does not apply because the decedent violated its terms, such as by using the vehicle for noncovered business purposes or allowing the policy to lapse. In this situation, you may need to hire an attorney to help you appeal any wrongful denial of insurance coverage.
You Will Deal With an Insurance Company, Not the Deceased Driver’s Family
You may feel guilty or uncomfortable with the idea of filing a claim against a driver who died in the car accident. However, it is important for you to seek a fair financial recovery for your losses in the aftermath of a crash. Otherwise, your own family could face a serious financial burden despite the car accident not being your fault. It may help to realize that you will be dealing primarily with the deceased driver’s car insurance company, not his or her loved ones. Even if you need to file a lawsuit, your suit will be against the deceased person’s insurance provider or the estate, not the decedent’s surviving loved ones. You deserve to recover fair compensation. For a free consultation about this complex type of car accident claim in Las Vegas, contact Koch & Brim LLP 24/7.