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Can I Still File A Claim If The At-Fault Driver Dies In The Accident

Car accidents involving death are devastating for everyone involved. In other cases, when someone dies in a car accident because of someone else’s carelessness, the deceased person’s family member can pursue compensation for the damages against the at-fault driver. However, the claim process becomes complex when the at-fault driver dies in the accident. 

Do not make any decisions right after the accident without contacting the Rockford auto accident attorney.

Can I still file a claim if the at-fault driver dies in the accident?

The accident victim(s) must contact the at-fault driver’s insurance company right away after the accident. Even if the driver dies, their insurance information will be listed on police reports. The law enforcement databases have a list of which company covers the car involved in the accident. 

The insurance company of the deceased person will be able to contact you directly for negotiation. The at-fault party will not be required to sign a release, and thus the insurance company will settle without permission of the negligent driver (which is unavailable). 

Rockford, Illinois, is not a no-fault state. Therefore drivers involved in the accident are responsible for paying for the damages. If the negligent driver does not have enough insurance or has inadequate limits, you can seek damages from the deceased person’s property or estate. 

Car accidents involving death are often complicated for the deceased family members, and the victim may hesitate to pursue a claim against the negligent driver. However, the victim will only be interacting with the insurance company without involving or disturbing the deceased person’s family members. 

How to file a claim against the insurance company?

The deceased person’s insurance company plays a central role in personal injury claim processes. For example, if you get into an accident with a driver under the influence who died in the crash, you can still claim compensation from the negligent driver’s insurance company. 

Filing a claim against the estate

Although most personal injury cases do not involve trial or lawsuit, if the at-fault driver dies and the insurance company denies paying you the damages incurred, you can file a lawsuit against the negligent driver’s estate. 

If there is not enough insurance to cover your damages, in that case, the negligent driver’s estate needs to pay out the difference. To start the estate compensation usually requires a process called probate, in which the court identifies the person’s death and makes payments on the person’s debts. 

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