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What Happens if the At-Fault Driver Dies?

After suffering an injury in a car wreck, you may be entitled to seek compensation for your physical, emotional, and financial losses from the driver responsible for the crash. These damages are typically covered by the at-fault driver’s insurance policy. 

But what happens if the negligent driver died in the crash? Can you pursue compensation from someone who passed away?

In most cases, the answer is yes. When seeking compensation from someone who has died, a claim can be filed against the insurance company of the deceased, and in some cases, the deceased’s estate. 

The car accident lawyers at Studinski Law, LLC, have assisted clients across Wisconsin for years. We have substantial experience in a range of highly complex cases. If you have a question regarding an accident caused by someone’s negligence, we can explain your rights and legal options.

Can You File a Claim Against a Deceased Driver’s Insurance Policy?

Insurance companies generally have a legal obligation to cover the damages caused by their policyholders (up to the drivers’ policy limits). However, at-fault drivers may be held individually liable as well.

A knowledgeable car accident lawyer can conduct a thorough investigation to gather evidence and build a compelling case on your behalf. Attorneys also communicate with insurance companies to negotiate a settlement that reflects the full value of your losses.

What Happens if the Deceased Driver Was Uninsured or Underinsured?

All drivers in Wisconsin are required to carry minimum liability insurance in the event that they cause a car wreck. This includes a minimum of $10,000 to cover property damage, $25,000 in coverage for the bodily injury or death of one person involved in a crash, and $50,000 in coverage for the bodily injury or death of more than one person involved in a single crash.

If an uninsured driver—or a driver who only carries the bare minimum coverage—hits you, you may need to look for additional compensation elsewhere, such as your own uninsured/underinsured motorist coverage. If the deceased driver who caused your crash did not have any auto insurance, you may file a claim against your own uninsured motorist coverage to pay for your injuries. If the deceased driver had insurance but the policy is less than the compensation to which you are entitled, you may make a claim against your own underinsured motorist coverage to pay out the difference.

Can You File Claim Against a Deceased Driver’s Estate?

If the insurance policy of the deceased driver does not cover the extent of your losses, you may have the right to file a lawsuit against the deceased’s estate, which includes the assets and property the person left behind. During the probate process, a personal representative of the deceased’s estate oversees the transfer of assets to debtors, heirs, and other parties. 

The probate process can be incredibly complex and often requires the skill and resources of an experienced attorney. In these cases, it is usually in your best interest to speak with a car accident lawyer to understand your legal options.

How a Car Accident Lawyer Can Help

Your first step toward justice after a car crash is a free, no-obligation case evaluation with a car accident lawyer at Studinski Law, LLC. During your initial consultation, we will listen to the details of your wreck and assess the merits of your case. 

If you and our attorneys choose to move forward together, we will begin working on your case immediately, starting with a comprehensive investigation of your accident.

Once our team has gathered evidence, we will investigate, which may include working with experts to analyze the facts in your case and determine who is at fault for the wreck. We will obtain records from your medical team and other experts to examine the cause and severity of your injuries, as well as the current and future losses you suffered as a result.

It takes knowledge and experience to accurately calculate damages in a car accident case. Our attorneys understand the far-reaching impact a serious injury can have on the lives of victims and their families. We are committed to pursuing a full recovery on behalf of our clients.

Contact Our Wisconsin Car Accident Lawyers Today

The car accident lawyers at Studinski Law, LLC, have extensive experience handling a wide range of auto accidents. We calculate the full value of your losses and pursue the maximum compensation you deserve. While most of our clients’ car accident claims are resolved out of court through favorable settlements, we fully prepare every case to go to trial if that is the best way to recover in your case.

View our case results.

If you were hurt in a wreck, contact Studinski Law, LLC today online or at (715) 343-2850 for a free case evaluation. Our car accident lawyers serve clients throughout all of Wisconsin, including Plover and Marshfield.