Anyone involved in a crash could suffer severe injuries, including the driver who caused the accident. Sometimes the at-fault driver dies while the victim survives.
This can raise questions in victims’ minds. Can they still seek compensation from the at-fault driver? Does his or her insurance policy still provide coverage?
Below, Schmidt Kramer’s licensed attorneys explain your potential legal options in this situation. If you were involved in a crash in Harrisburg and the liable driver did not survive, call us to schedule a free legal consultation. There are no upfront costs to hire our services, and we have obtained millions for our clients.
If the at-fault driver had liability insurance, it will still cover the accident. The at-fault driver’s death does not affect insurance coverage for the crash. If you suffered damages covered by the at-fault driver’s insurance policy, you may be eligible to seek compensation for those damages.
That said, as a no-fault insurance state, many Pennsylvania auto accident claims are resolved through claims with the victims’ own insurance company. You may not need to file a claim with the liable driver’s insurance, unless the cost of your damages exceeds the limits of your own coverage.
The type of no-fault coverage you purchased is another factor that may impact your ability to seek additional compensation for your damages. If you bought limited tort coverage, you cannot step outside of the no-fault system to recover compensation for pain and suffering. The only exception is if you suffered a serious injury, as defined by state law. If you bought full tort coverage, however, you would have unlimited right to sue.
Whether you are filing an insurance claim or a lawsuit, you are seeking compensation from an insurance company, not the deceased driver or his or her family. There is no reason to be concerned that you are taking money from a grieving family. In fact, they probably will not even be involved in the legal process. Your lawyer is going to be dealing with the insurance company.
This is what uninsured motorist coverage is used for. You can file a claim if the other driver is uninsured, such as if he or she never bought a policy or his or her coverage lapsed because a premium was not paid.
However, uninsured motorist coverage claims can be complicated, which his why it is important to work with an experienced lawyer.
In some situations, it might be possible to seek compensation from the estate of the deceased driver. However, this is a highly unlikely scenario. The vast majority of car crash claims are resolved through insurance settlements.
It is important to remember that most people do not have the assets to cover the cost of car crash damages, especially if you have severe injuries. Insurance companies have the finances to cover medical care, lost wages and other damages from a collision.
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