Filing a case after a car accident injury can have an odd mix of feelings, particularly if the driver dies in the crash. Important deadlines start taking effect after a car accident, like the “statute of limitations.” The statute of limitations states how long the at-fault party can be sued after an accident and found liable, but it also depends on the situation. Sometimes, the statute of limitations can be tolled or delayed. Contact a car accident lawyer if you suffer catastrophic injury after a car accident.
What to do if the at-fault driver passes away?
If the at-fault driver passes away in a car accident, it complicates the situation for any legal action related to the accident. There are a few steps one should take if the at-fault driver passes away in a car accident.
- Contact your attorney
If you or anyone involved in the accident is injured or damaged, you should consult with an attorney to know your legal options. They can also advise you on proceeding if the at-fault driver has passed away.
- Gather evidence
Gather as much evidence as possible from the accident scene, including photos, police reports, and witness statements. This information is helpful in pursuing legal action against the accident.
- Report the accident
Do not leave the accident scene and call 911. Police will arrive, investigate and report the accident. If there are any injuries, ask for medical assistance.
- Wait for the investigation result.
The police will investigate the accident and determine who was at fault. The insurance company of the at-fault driver will also investigate the accident. It will take some time to determine who was responsible for the accident.
- Contact your insurance company
You should inform your insurance company about the accident, regardless of who was at fault. They will advise you on how to deal with the case and what steps to take.
- Determine the estate’s executor.
A trustee would most likely handle the estate if the at-fault driver had a will. You can work with the compliance officer to determine legal remedies and assets for damages.
- File a claim with the at-fault driver’s insurance.
If the at-fault driver had insurance, you could file a claim with their insurance company. The executor of the estate can also help with this process.
In any case, it is essential to remain calm and patient throughout the process. Seek legal advice if necessary and work closely with your insurance company to ensure you receive the compensation you deserve.
