Can I File a Claim if a Negligent Driver Dies in the Accident?

Being involved in a car accident can be traumatizing for all parties involved. If you have suffered injuries from an accident as a result of another driver’s negligence, you would typically file an accident claim to pursue compensation for the losses you suffered as a result. However, filing a claim may become more complicated if the negligent driver passed away in the accident you were injured in. 

Rubin, Glickman, Steinberg & Gifford, P.C. is a team of dedicated car accident lawyers helping clients get fair compensation for their injuries. If the negligent driver who caused your accident has passed away, you may be wondering if you may still file a car accident claim. 

Are You Able to File a Claim When the Negligent Driver Is Deceased?

The state of Pennsylvania is a no-fault state. This means that when an individual is involved in an accident, they do not have to wait until their case is over for automobile insurance to pay for accident-related injuries.  Each driver would make a claim for medical coverage under their own policy and the insurance company must pay for medical bills without regard to fault.  Therefore, if the other driver dies, it would have no impact on the ability to obtain medical payments under one’s own automobile insurance policy

Also, in. In Pennsylvania, the law requires drivers to carry personal injury coverage of at least $15,000 to cover the cost of minor injuries or damages. In these cases, the fact that the negligent driver has passed away will not affect your claim. As long as the other driver had an automobile insurance police in place at the time of the accident, there has to be at least $15,000.00 worth of coverage available, and probably more.

If the deceased driver was insured, your claim may proceed as it would if they were living. However, if the driver was uninsured or underinsured, the process may be more difficult. In this case, you may need to file your claim against their estate. This process can be complex, which is why it is crucial that you work with an experienced car accident lawyer. 

Will the Deceased Driver’s Family Be Affected by Your Claim?

Oftentimes, an individual who has been injured in an accident caused by a driver who is now deceased may be hesitant to pursue a claim out of respect for the family of the deceased. While this notion is respectable and understandable, it is important to remember that you still have the right to pursue compensation for the losses you have suffered as a result of the actions of the deceased. 

You and your car accident attorney will deal directly with the insurance company of the deceased driver. It is highly uncommon that you will have to contact or communicate with the family of the deceased at all throughout your claim. In fact, it is unlikely that they will be involved or affected in any way. The losses you may have suffered after an accident may be costly. It is important to remember that your financial needs should not be neglected in a case like this. 

Get Help From a Southeastern Pennsylvania Car Accident Lawyer

If you have been injured in a car accident in which the at-fault driver is now deceased, you may still file a car accident claim to pursue compensation. Filing a claim when the negligent party is now deceased can be complicated. That is why it is essential you get help from a Southeastern Pennsylvania car accident lawyer.

Our legal team at Rubin, Glickman, Steinberg & Gifford, P.C. is composed of highly trustworthy and well-versed legal professionals who understand the ins and outs of car accident laws. We have over 65 years of experience and will examine the facts and circumstances surrounding your case to help achieve the best possible outcome for you. Call (215) 822-7575 or fill out our contact form to schedule a free consultation.