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FLORENCE KENTUCKY LEGAL BLOG

Photo of the attorneys at Monohan and Monohan

COVID-19 UPDATE: To protect your safety and the safety of our staff, we are offering our clients the ability to connect via telephone, video conference, or in person as usual. To discuss your options, please call the office.

What happens if the at-fault driver does not survive?

Major automobile accidents can harm any or all parties involved.

If the individual whose actions caused the collision sustains severe bodily damage, he or she may pass away before the case reaches a resolution. When this occurs, victims may struggle to recover compensation for their own damages.

Will insurance cover your costs?

If the deceased carried proper liability insurance coverage, then you will be able to file a claim for your medical bills, lost wages and vehicle repair costs. However, insurance companies notoriously insult victims with low-ball offers, so it is important to collect evidence and provide proof of the entirety of your losses, including:

  • Accident reports
  • Witness statements
  • Videos or photographs
  • Hospital bills
  • Dealership or mechanic estimates
  • Missed work or employment lapses

If the at-fault party had minimal or no coverage, then you may need to activate your own PIP policy and/or sue the driver’s estate to cover your costs.

Should you still pursue your claim?

Getting involved with probate matters of the deceased can be a complicated and stressful process, but you deserve equitable compensation for your economic and non-economic damages resulting from the crash. If you decline to pursue your claim, you may face years of financial struggles as you try to recover from an accident you did not cause.

When the negligent party to a crash loses his or her life, you may feel compassion and a desire not to burden the surviving family members. However, if you or your loved one suffers a personal injury as a result of the accident, you have the right to request restoration to make you whole again.