Being involved in a car accident is stressful and overwhelming. But when the at-fault driver tragically loses their life in the crash, that distress can be compounded with confusion about what steps to take next, especially if you're injured and facing medical bills, lost income, and other expenses.
If you're in this situation, you might wonder if you can still pursue compensation for your damages. The answer is yes, but the process may be more complex.
What Happens Legally When the At-Fault Driver Dies?
When an at-fault driver dies in a car accident, their responsibility for the damages caused doesn't disappear. Instead, legal claims against them can be made through their estate. Under Arizona law, this usually involves filing a personal injury lawsuit against the deceased driver’s estate, which is managed by a representative appointed by the probate court.
The estate is essentially a legal entity created to handle the deceased person’s financial matters, including settling debts and resolving claims. Depending on the specifics of the case, compensation for your injuries would come from the estate’s assets or the deceased driver’s insurance policy.
Arizona's Fault-Based Insurance System
Before we discuss suing the deceased driver’s estate, it’s important to understand that Arizona is a "fault" state for car accidents. This means the at-fault party is financially responsible for the damages they cause, including medical expenses, lost wages, property damage, and pain and suffering.
Most claims are resolved through the at-fault driver's auto insurance policy. Even if the at-fault driver dies in the accident, their insurance company is still obligated to cover valid claims up to the policy limits. This is typically the first step in seeking compensation before exploring further legal action against the estate.
Steps to Take Following an Accident Where the At-Fault Driver Passed Away
Navigating this situation can feel overwhelming, but taking the right steps soon after the accident can make a significant difference. Here's what you should do:
1. Seek Medical Attention Immediately
Your health is the top priority. Even if injuries seem minor, getting medical care as soon as possible is crucial. This protects your well-being, and medical documentation is critical evidence in a personal injury claim.
2. Document the Accident Scene
If you're physically able, gather as much evidence as possible. Take photos of the vehicles, road conditions, traffic signs, and any visible injuries. Obtain contact information from witnesses and note any details about the accident while they’re fresh in your mind.
3. Report the Accident to Authorities
Make sure the accident has been reported to local law enforcement. Their official accident report will be a key piece of evidence in establishing liability.
4. Contact the At-Fault Driver’s Insurance Company
Even though the driver has passed away, their auto insurance policy is still in effect. File a claim with the insurer promptly, but be cautious about providing too much detail without consulting an attorney.
5. Speak With a Personal Injury Attorney
Dealing with a case involving a deceased defendant introduces unique legal challenges. An experienced personal injury attorney can guide you through these complexities, ensure your rights are protected, and help you identify the best strategy for obtaining compensation.
Challenges You May Face When the At-Fault Driver Is Deceased
While filing a claim or lawsuit is possible, additional hurdles in these cases don’t typically arise when the at-fault driver survives. Here are some of the potential obstacles:
Claiming From the Estate
If the at-fault driver’s insurance doesn’t fully cover your damages, you may need to pursue compensation from their estate. However, estates don’t always have substantial assets, and other creditors may already have claims to the estate’s funds.
Given these complexities, having strong legal representation is critical to prioritizing your claim.
Prolonged Timeline
Filing a claim against an estate can take time. Arizona’s probate process involves appointing an administrator to manage the estate and resolve debts and claims, which can delay the resolution of your case.
Limited Insurance Coverage
Arizona law requires drivers to carry minimum liability coverage of:
- $25,000 for one person’s injuries or death
- $50,000 for total injuries or deaths in an accident
- $15,000 for property damage
Unfortunately, these minimum limits often fall far short of covering the true costs of a serious accident. If the at-fault driver only carried the minimum insurance and the estate lacks assets, you might need to explore additional options, such as using your own uninsured or underinsured motorist coverage.
How a Personal Injury Attorney Can Help
Every car accident claim is different, and when the at-fault driver has passed away, cases become even more intricate. This is where a skilled personal injury attorney becomes invaluable. Here’s what they can do for you:
- Investigate the Accident: Your attorney will gather evidence, review police reports, interview witnesses, and work with accident reconstruction experts if needed to prove liability.
- Negotiate With Insurers: Insurance companies often try to minimize payouts, especially in complex cases. An attorney knows how to push back and negotiate for fair compensation.
- Handle the Legal Process: From filing claims with insurers to pursuing a lawsuit against the deceased driver’s estate, an attorney can handle the paperwork and requirements so you can focus on recovery.
Arizona Car Accident Lawyer
Navigating a personal injury claim where the at-fault driver has died can be a daunting experience, fraught with legal and emotional complexities. However, understanding your rights and the procedures involved empowers you to pursue the justice you deserve. With the support of experienced legal professionals, such as the Rafi Law Group based in Phoenix, you can tackle these challenges confidently. Our team is here to provide expert guidance through intricate legal landscapes and secure the compensation you are entitled to. Reach out to us today at (623) 207-1555 for personalized assistance tailored to your unique needs, and let us help you take the first step towards resolving your case efficiently and effectively.