Accident injury compensation when the at-fault driver dies

Car accident and injury claims in at-fault states are often complex by their nature – insurers want to minimize payouts, and victims want fair injury compensation.

Expect even more legal challenges if the responsible party perishes in the crash. Who will pay for your injuries and medical care?

You still have rights, even when the other party does not survive the accident.

Through the at-fault driver’s insurance

Even after their death, the other driver’s insurance policy remains in effect. That means you may file an auto accident claim with their insurance provider as you would have had they survived.

The insurance company will evaluate the claim and negotiate a settlement as usual. Make sure their offer reflects the extent of your injuries and compensates you for them sufficiently.

Through your auto insurance

If the at-fault driver lacked sufficient insurance coverage, turn to your uninsured/underinsured motorist coverage. This type of insurance can provide compensation when the at-fault driver’s insurance is inadequate.

The first step is to review your policy to understand its coverage limits and conditions before you submit a claim.

Through the at-fault driver’s estate

Victims can pursue compensation by filing a claim against the deceased driver’s estate. This process involves submitting a claim to the probate court handling the deceased’s estate.

If successful, the estate’s assets can help to cover medical expenses, lost wages and other damages. It is essential to act promptly, as there are specific deadlines for filing such claims.

Indiana is an at-fault car accident state, and an unfortunate number of drivers die in crashes on its roadways. Someone familiar with state auto accident claims can help you understand your options and obtain a fair and just outcome.