Last Updated on 2 years by admin
Florida Highway Safety and Motor Vehicles (FLHSMV) reported 401,179 accidents in the Sunshine State in 2021 alone. 3,467 of those were fatal accidents resulting in 3,771 fatalities. Auto accidents can result in significant damages and loss of life if they are severe. Florida has rules and regulations set in place to help accident victims, and their survivors recover damages by filing a claim with insurance companies to become financially whole again.
Depending on the amount of damage caused and the degree to which a driver was at fault, it is possible for you to file a lawsuit against the at-fault driver outside Florida’s no-fault system to hold them accountable for covering your damages. People typically need to file a claim against the other driver involved if their insurance policy does not provide adequate coverage for all the damages they incurred.
But what happens if the driver responsible for causing the accident dies in the crash? Is it possible for the injury victim to file a claim to recover damages? Does the death of the at-fault driver impact the validity of their claim? Filing a lawsuit against a deceased driver might seem confusing. It would definitely be a complicated undertaking, but it may be the only way for the other motorist to recover the damages they suffered.
Today’s post will discuss the possibility of recovering damages if the at-fault driver in the car accident dies due to the crash. Understanding what to do in such a situation can help you temper your expectations when working with Boca Raton car accident lawyers to seek reparations for the damages you incurred.
Can I File A Claim Even Though The At-Fault Driver Passed Away?
From the cost of medical bills to lost wages due to missed work and repair costs, auto accident cases can become an expensive affair for everybody involved. The Sunshine State has rules to protect the rights of injury victims and ensure they can become financially whole again.
When you are involved in a car accident and file a claim against the other driver for causing the damages, the validity of your claim comes down to whether the other party’s negligence resulted in the damages you suffered. It essentially means that whether the at-fault driver in the accident survived the crash they caused becomes irrelevant to whether your claim is valid.
Florida is a no-fault state, and that means that when motorists are involved in a car crash, they are required to file a claim with their own insurance company to seek financial compensation for the damages they incurred. Every motorist is required to carry at least $10,000 in Personal Injury Protection and Property Damage Liability coverage.
However, it is possible for your car accident case to qualify to be taken out of the no-fault system if the accident resulted in significant damages or caused severe injuries to the people involved. Suppose that the accident resulted in substantial damages and medical costs that your insurance policy cannot cover. In that case, your next option might be to file a claim against the at-fault driver. When you file a claim with the at-fault driver in a car accident, it typically starts the process of negotiation to reach a settlement instead of taking the case to court.
This process can technically be handled between the insurance company liable to cover the damages and the injured party’s legal representatives. Depending on the circumstances, it might not have to involve the at-fault driver. In short, filing a claim against the deceased driver who caused the accident resulting in your injuries might not impact your chances of getting full and fair compensation for the damages you suffered. Of course, if the liable insurance company fails to offer a settlement that adequately covers the damages you suffered, you may have to file a lawsuit and take matters to court.
Filing A Lawsuit To Recover Damages Against A Deceased At-Fault Driver
If your legal team and the deceased person’s insurance company that is liable to cover your damages cannot reach a settlement agreement that adequately reflects the damages you suffered, you might have no other choice but to file a lawsuit against the at-fault driver’s estate.
This is where the difference may lie between filing a lawsuit against a living and a deceased at-fault driver. When you file a claim against the at-fault driver who survived the accident, the at-fault driver will be the defendant in the case, and the damages will ultimately be rewarded to you by their insurance company based on the case’s outcome.
However, if the at-fault driver passes away, the case you file will be against their estate, which can complicate matters. The deceased negligent driver’s insurance company will be the one defending the case and be liable to pay you the damages, provided that the deceased driver’s insurance policy offers enough coverage.
What If The Decedent’s Insurance Does Not Offer Adequate Coverage For My Damages?
Suppose that the deceased at-fault driver’s insurance policy does not offer the amount in coverage to make you financially whole again. In that case, it is possible for you to be rewarded with a complete settlement. The deceased person’s estate may have to cover the difference. The probate process is when courts recognize an individual’s death and repay their debts through their estate. It might not be the route you would like to take, but it could be the only viable way to recover the damages you suffered in the car accident.
If the deceased person’s estate does not have enough value to cover the damages you suffered, there may be a way to recover damages if you have uninsured or underinsured motorist coverage. Filing a claim with your own insurance company may make it possible for you to recover the expenses for your recovery, property damage, and lost wages. Working with experienced Boca Raton car accident lawyers is crucial to handle cases as complex as these because they can identify the best possible avenues you can explore to become financially whole again.
What About The Deceased’s Family?
In all this discussion, there may be one thing that could keep an injury victim from filing a claim against the deceased at-fault driver to recover their damages: Their family. It is important to understand that despite the fact that there could be a significant impact on the at-fault driver’s family, it does not change the fact that you were the victim in a car accident caused by another person’s negligence. Depending on the complexity of the case, you might mostly deal with the liable insurance company, not the family itself.
Choosing not to file a claim to recover damages might seem like the moral thing to do for some people. However, the mountains of medical bills, lost wages due to missing work, and other expenses resulting from the car accident can severely impact your financial future. There is a reason the laws are set in place. As bad as it might seem, it filing a claim against the deceased at-fault driver might be the only way for you to fully recover the damages you suffered through no fault of your own.
Speak To Experienced Accident Attorneys
The morality of filing a claim against a deceased at-fault driver might make you feel hesitant. However, the negligent person’s death does not change the fact that you have the right to protect yourself. Fatal car accident cases are generally complex, especially if the at-fault driver dies in such an incident. If you have been involved in such an accident and want to seek damages, it is important to work with a reputable firm that will handle the case with care without compromising on delivering a positive outcome for you.
Contact Frankl Kominsky Injury Lawyers if you or someone you know has been involved in such a case. Their team of experienced Boca Raton car accident lawyers can provide the guidance necessary to navigate a case as complex as this while protecting your right to full and fair compensation after an accident. Their auto accident team has an excellent track record for helping their clients get positive outcomes for a wide range of accident cases. You can rely on them to help you become financially whole again.
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