Being involved in an accident is traumatic enough, mainly when there are injuries involved. Worse yet is the accident with fatalities. If the accident is not your fault and it is severe enough that you incur property damages and injuries, what happens if the at-fault driver dies? It may seem as though you have no recompense other than your insurance. That is not necessarily the case.
Follow the Law
The trauma of being in an accident may be surreal, but as much as you are able, you need to follow the steps required by law. First, you will need to call for medical help. Due to the severity of the crash, you will also need to call the police. They will make a written report of the accident. If you can, get contact information from any witnesses available and find out if any are willing to write down what they witnessed.
It is always important to gather as much information as possible, as soon as possible in these situations. Photographs of the crash and the surrounding area are part of the documentation. Pictures can provide evidence of any hazards or obstacles in the road or other circumstances that may have contributed to the accident.
Compensation After the Accident
It can certainly seem heartless to sue for damages if the deceased at-fault driver has left behind a family. It may feel as though you are adding insult to injury for the person’s survivors, yet, you do have a right to compensation for your losses. In truth, if the at-fault driver had insurance, his or her family will most likely not be involved. Your compensation will probably come through the deceased’s insurance company.
The process is different if the deceased was uninsured or underinsured. If you have auto insurance with uninsured/underinsured protection, you will file a claim with your insurance company for compensation. You may have the option of suing the estate of the deceased driver; however, chances are if he or she did not have auto insurance, the estate is most likely not going to cover your damages. If it is large enough for you to receive compensation, you will probably have to wait for the estate to clear probate.
It is important to contact a lawyer early in the process to help you sort out your options so that you can receive the compensation that you deserve. If you are in the Visalia, Merced, Bakersfield and Fresno area, the Maison Law Office is here to help. You can depend on us for experience, compassion, and commitment in offering you excellence in personal injury law. Reach us via email at martin@maisonlaw.comor call 559-203-3333 to schedule a consultation. We don’t get paid unless you win.
