The trauma of being injured in a South Carolina car crash is frightening, and it can be difficult to make a claim when a driver responsible for the crash dies in it. A victim may wonder how to file a claim and whether the victim’s claim might be affected by the demise of the responsible party. When a deceased driver is involved in an accident, filing a personal injury complaint against them can be intimidating, especially if you decide to file a lawsuit.
Almost 1.83 people died for every 100 million kilometers driven on state roads in South Carolina in 2014. South Carolina had the highest number of fatalities on state roads among all states, according to the Insurance Institute for Highway Safety (IIHS).
Do I Still Have a Case If the At-Fault Driver Is Dead?
An injury claim arises when someone else is directly responsible for causing your injury. It does not matter whether the negligent party was dead after the accident, as this fact is independent with respect to the validity of your claim.
The state of Georgia is a prosecutor state, which means that drivers need liability insurance if they are involved in an accident. In the event of an accident caused by that person, the injured party is encouraged to contact the responsible insurance company, which will begin negotiations in order to settle the case.
These proceedings are usually conducted between the responsible insurance company and the victim of the damage, usually through their attorney, with the responsible driver rarely being involved.
Unless the insurance company fails to make you an offer that meets your needs, the death of a driver will not affect your claim. Legal action may be necessary when you cannot agree with the insurance company and the financial payout they have to offer.
Underinsured or Uninsured Drivers:
A claim must be made against the property of the deceased driver if they do not have automobile insurance or are underinsured. The property includes the assets and personal belongings of a person. If you win your case in court, you will become a creditor to the property. This means that if your claim is accepted or won in court, the property will have to pay you back.
Suing a Deceased Driver for Negligence:
Insurance claims that are not satisfied by the insurance company may need to be pursued in court because evidence of liability cannot be proven through the insurance company.
The main difference between claims with a deceased person at fault and claims with an alive person at fault is the amount of compensation sought. Depending on the circumstances, you might have to file your claim against the driver who survived the accident, whose insurance may then defend, and eventually pay your claim.
When the driver at fault passes away, the case may get more complex because the lawsuit would be against their property.
Accident Advice by a Greenville Car Accident Lawyer:
To prove that you were injured by the deceased driver, you will need evidence. The following evidence includes:
- Images captured at the scene of impact
- Delivery of a police report
- Copies of the police report
- An overview of the driver who died
- Report by witnesses
- Documents about your medical care
- Rental or repair receipts for your vehicle
Concerns for Relatives of the Deceased Driver:
Victims of the South Carolina car crash may resist filing lawsuits or claims for damages due to the untimely death of a driver. However, it is critical to understand that your right to compensation does not end with the driver’s demise.
It is vital to know that you are up against the insurance companies and not the deceased driver’s relatives or family.
You could end up losing time at work, paying more in medical bills, or incurring other costs as a result of your injuries. You could face serious financial burdens in the future if you do not receive the compensation you need.
Call an Auto Accident Lawyer in Greenville, SC Today:
The Greenville car accident attorneys at our firm are available to help if you have been injured or a loved one has been killed in a car accident. We offer a free initial consultation to anyone who is injured or whose loved one has been killed in an accident. A team of highly experienced attorneys is committed to providing the best advocacy for our clients. Our team will fight vigorously for your rights!