In a serious car accident, the at-fault party is responsible for paying for any losses they cause to others, and generally, that means that the victim has the right to file a claim against that party’s liability insurance to recover the losses they have. What happens if the person at fault for your accident is deceased, such as a result of dying in that car accident? At the Shelly Leeke Law Firm, our North Charleston car accident lawyer helps victims pursue full and fair compensation, even in these very difficult cases.
How Debts Are Paid After the Death of an Individual at Fault
In the traditional claims process, the victim in a car accident files a claim outlining their losses and documenting the responsibility of the at-fault driver. That driver’s liability insurance typically negotiates a settlement for the accident and pays the victim what is owed. If the at-fault driver is deceased, that person’s liability insurance may still be responsible, and the estate of that person may also be responsible.
In situations where a claim cannot be settled for any reason, the victim can file a lawsuit against the party at fault. In this situation, you would file a lawsuit against the estate of the party that is deceased, assuming they are the at-fault party. In this situation, the case moves forward as if the party is still alive, and generally, the liability insurance of that driver remains responsible for the losses awarded to the victim.
This process can take longer because a special administrator of the estate is likely to be put in place, and there may be some time for all victims or debtors of the estate to come forward with claims. The personal representative or special administrator who is appointed to the position by the court will serve on behalf of the decedent. You can file a lawsuit at this point and seek compensation for the losses you can prove.
Your Uninsured Motorist Coverage May Apply
In some situations, it may also be possible to file a claim against your uninsured motorist insurance coverage under South Carolina Code §38-77-140. This coverage is only in place in situations where the other driver does not have insurance or the other driver is not known. The key here is to know if your personal uninsured motorist insurance coverage can help you or if you need to pursue a lawsuit.
How a Car Accident Attorney Can Help You
Various factors can make this type of legal claim more challenging, including the decedent being insolvent and proving your right to compensation. It is critical to work with a car accident attorney in South Carolina who can stand by your side and fight for your full damage recovery. At the Shelly Leeke Law Firm, you can expect us to remain by your side throughout this legal process.
- We handle the investigation to prove fault. We do not always rely just on a police report. Instead, we gather evidence to back up your claims and show the at-fault party clearly. This makes it harder for insurance companies to deny the coverage you deserve.
- We build your case, documenting all of your losses. Knowing what your losses are is also important but not always easy. With the help of our attorney, we can outline all potential losses you have and build a case strongly based on evidence to support your recovery.
- Expect us to negotiate with the insurance company for you. Whenever possible, we want to stay out of court because it takes much longer. If we can do so, we will pursue full compensation in your case in a reasonable manner.
- We will fight for you in court. In situations where there is the need to go to court, you can expect our car accident attorneys to be there by your side. No matter how long it takes, we will fight for your right to compensation.
- Peace of mind. A situation like this is challenging and may be hard to navigate, especially if you have your own serious injuries and losses. Allow our legal team to pursue fair compensation for you while you work on your recovery.
If the person at fault for your accident is deceased for any reason, we encourage you to seek out the help of our car accident attorney as a first step. Allow us to research your rights and pursue evidence to back up your claims. Expect our legal team to remain by your side throughout this legal process, and be sure to review our prior case results to learn about our success stories.
We Fight for All of Your Losses
Serious car accidents can be worth thousands and even millions of dollars. Those are funds that you need to recover from your injuries, pay your medical bills, and meet your ongoing financial needs. Expect us to fight for all of the losses you have, including:
- Medical bills from the accident
- Medical bills going forward, including ongoing care needs
- Pain and suffering
- Damage to your property, including to your car
- Emotional trauma and mental anguish support
- Loss of quality of life
- Loss of consortium
No matter what you are facing right now after the accident caused by another party, you have the right to pursue legal action and claims to hold the estate of the person who did this accountable, and you should not feel bad about doing so. In many of these cases, insurance companies can be demeaning and less-than-easy to work with to resolve the matter. When you hire our car accident attorney, you can expect us to fight hard for your full recovery, and our FAQs can help you understand car accident cases.
Set Up a Free Consultation with Our Car Accident Attorney for Guidance
If the person at fault for your accident is deceased, it is even more important that you hire a trusted, experienced legal team to fight for your right to compensation. At Shelly Leeke Law Firm, we know what you are facing and will work tirelessly to protect your rights to all of the compensation owed to you. Do not wait to set up a free consultation with our legal team to discuss your case.
