What if the driver at fault for my accident died?

Though many car accidents are considered minor, some cases involve more serious injuries and can result in death. 

If you are injured in a car accident due to someone else’s actions, you may be entitled to bring a bodily injury claim against the at-fault driver. This is true even if the at fault driver was killed during the collision. Their automobile insurance is still responsible to defend the claim and you may be entitled to damages based on the severity of your injuries. You will still need to prove that the deceased driver was at fault for the car accident.

Therefore, although it is important to collect evidence in every car accident situation, it is especially important if the person at fault is now deceased.This should all be done in a timely manner and include gathering pictures or video at the scene of the accident. You can use your phone for this. Make sure to save the files. It is also important to take down contact information of any witnesses. You should also file a police report. If you were injured it is important to seek prompt medical attention to get a full evaluation of your injuries. The next step is to consult with an experienced personal injury attorney who can assist you in evaluating and settling your claim. 

If the claim cannot be settled without filing suit, you or your personal injury attorney may be able to file a lawsuit against the Estate of the deceased driver and, legally speaking, the case will proceed as if the at fault driver was still alive. Prior to filing a lawsuit, a personal representative or special administrator will need to be appointed to accept service on behalf of the decedent—this will give you the ability to pursue your lawsuit.

If the deceased at fault driver did not have car insurance, you may still be able to make a claim against your uninsured motorist coverage. This is a special form of coverage that is required to be included in car insurance in Minnesota. The minimum is for a policy to provide for $25,000 per person and $50,000 per accident in total coverage.

At Aaron Ferguson Law, we specialize in helping people with complicated claims. If you or a loved one has been injured in an accident, please call our office at 651-493-0429 to schedule a free consultation with one of our experienced attorneys. We have bilingual attorneys on staff as well because it is important you fully understand all your legal rights.