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Can I Still File a Claim in California If the At-Fault Driver Died in the Crash?

Yes, even if the at-fault driver dies as a result of the crash, their insurance carrier has an obligation to cover any claims against the deceased motorist. If the insurance settlement is not enough to cover the full cost of your injuries and losses, you also have the right to sue the estate of the deceased motorist. These cases can be challenging, but having a Los Angeles personal injury attorney on your side can make a huge difference when it comes to obtaining a favorable resolution of your civil lawsuit.

The case against the other driver

You cannot file a lawsuit directly against a person who is no longer living. However, California requires all motorists to carry liability insurance any time they get behind the wheel. These policies are designed to protect a driver from third-party negligence claims when they cause an accident. This is true even if the policyholder is no longer living.

Ultimately, any settlement from the insurance company comes from the carrier’s funds—not the family of the deceased driver. These companies have ample assets to pay your claim, and the fact that their insured driver did not survive the accident will not preclude you from securing compensation if you can show you were not at fault.

What if the deceased driver was not insured?

Recovering compensation for your injuries can be challenging if the driver that died in the crash was uninsured. If you are unable to seek benefits through their policy, you have the right to pursue legal action against the estate.

If the estate has enough assets to cover your damages, it could serve as a viable way to secure compensation. Unfortunately, many estates do not have the assets needed to pay a personal injury settlement.

Your Los Angeles car accident lawyer could advise you on whether a lawsuit against the other driver’s estate is feasible. They could also review the terms of your own insurance policy to determine if your carrier might cover your claim.

Talk to an attorney about a negligence claim following a fatal accident

If you were injured in a fatal accident caused by the now-deceased driver, you may have different options for pursuing financial compensation. It can be difficult to make the decision to pursue legal action against the deceased party’s insurance company or estate, but you do not have to face this challenge alone.

The attorneys of Salamati Law are ready to guide you through the legal process. From negotiating with insurance companies to evaluating the potential for a lawsuit, we are ready to help you secure fair compensation. Call for a free consultation today.

No Obligation, No Fees Guaranteed, Unless We Win

We are committed to negotiate your case aggressively, strategically and creatively. Personal injury lawsuits are retained on a contingency fee agreement, and plaintiffs will pay no legal fees unless the firm is able to recover damages on your behalf.

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