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Filing a Personal Injury Claim if an At-Fault Driver Dies

You recently suffered serious injuries in a car accident that another person caused. However, the at-fault driver lost their life in the crash, and now you’re wondering how it’ll affect your claim. The truth is that you can still recover compensation, but the process will become a little more complex. Here’s what our car accident attorneys in San Diego want you to know:


Will You Still Have a Case?
You’re always eligible for compensation if a negligent driver is responsible for causing your injuries. No matter if they survive or pass away from the crash, you can file a personal injury claim. The insurance provider is still liable to cover the damages.


Now, here’s where things can get a little tricky. Let’s say that the at-fault driver didn’t possess insurance at the time of the accident. You’ll then have to collect compensation from the decedent’s estate. In other words, you’ll have to file your claim through probate court. (Probate is the legal process of distributing someone’s property after they pass away.)


Concerns for the Family
The at-fault driver’s family is likely grieving and mourning the loss of a loved one. They’re going through a very difficult time trying to cope with such a terrible tragedy. Our personal injury attorneys understand why any victim would feel reluctant to file a claim when the at-fault driver succumbs to their injuries.


The good news is that you don’t have to interact with the family during the claims process. You’ll mainly be dealing with the insurance company, and even if you file a lawsuit, you’ll primarily communicate through attorneys, not the family.




Keep in mind that severe injuries will often result in mounting medical debt. You’re also likely to miss time from work because your current condition prevents you from earning an income. Accidents can severely impact your financial livelihood, so you shouldn’t feel callous about recovering compensation.


Filing Claims Against the Insurance Company
The at-fault driver’s insurance provider plays a huge role in the claims process. Insurance adjusters often prefer to negotiate a settlement to avoid going to court altogether. Ultimately, your best option is to play ball and haggle with the insurance companies until the price is right.


Sometimes the insurance companies will bluntly refuse to offer you a settlement. However, this doesn’t mean you’re any less entitled to compensation. Keep in mind that you can always file a lawsuit against the insurance company if necessary.




Another option is to file a claim with your own insurance provider. Having underinsured or uninsured motorist coverage allows you to recover some compensation. It mainly applies to economic damages, such as medical bills, lost wages, and property damage.


We Are Prepared to Represent You
Here at HHJ Trial Attorneys in San Diego, we represent many Californians who’re also victims of car accidents. We can guide you through the claims process to ensure you receive the maximum compensation. When you hire our services, we’ll work hard to help you through this difficult time.


Contact us today and schedule an appointment with one of our trusted attorneys. We can review the facts of your case and explain your options before pursuing compensation. Consultations are also free, and you won’t have to pay anything upfront.


Testimonial from Chris, Satisfied Personal Injury Client
Everyone I dealt with at this office was extremely professional and courteous. They took the time to listen and keep me updated. They are extremely knowledgeable. Adam was recommended to me, and I definitely was satisfied and will refer Adam and his law firm to others.

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