Can You Sue for Car Accident Injuries If the Other Driver Dies?
When you’re involved in a serious car accident and learn that the at-fault driver has died—either in the crash or shortly afterward—it adds confusion and emotional weight to an already traumatic event. One of the most pressing questions that arises is: Can I still sue for damages?
The short answer is yes. The death of the responsible driver does not eliminate liability. Instead, the process of recovering damages shifts from suing the individual to suing their estate or insurance provider.
This guide breaks down everything you need to know about filing a personal injury claim in these unique and emotionally complex situations.
Legal Responsibility After a Fatal Accident
The Driver’s Death Doesn’t End Liability
While it may seem logical that a lawsuit can’t be filed against someone who has passed away, the law sees things differently. When a person dies, their legal obligations remain. The responsibility for debts and civil liabilities—including damages for a car accident—transfers to their estate.
If the deceased caused the crash, you may still have every right to pursue compensation for injuries, property damage, and other losses.
Estates Take On the Legal Burden
In legal terms, an “estate” is a collection of everything the deceased owned at the time of their death, including property, money, and other assets. The estate becomes a substitute defendant for civil lawsuits. Your lawyer can initiate action through probate court, where these issues are handled.
Who Do You Sue: The Estate or the Insurance?
You Can Sue the Deceased Driver’s Estate
If an estate has been opened in probate court, it becomes possible to file a personal injury claim against it. This means you, as the injured party, are considered a creditor of the estate.
You must file your claim in accordance with state-specific deadlines, often ranging from 60 to 120 days after the estate is opened. Failing to meet this timeline can forfeit your right to compensation—even if your case is valid.
Insurance May Still Be Liable
Even if the driver has died, their auto insurance policy may still cover your injuries. That’s because insurance coverage typically applies to accidents that happened while the policyholder was still alive.
This makes it possible to bypass the estate altogether and file directly with the insurance company. However, complications can arise if:
- The insurer disputes liability.
- The policy has expired or lapsed.
- The claim exceeds policy limits.
In such cases, your best route may be to pursue both insurance and estate claims simultaneously.
How Probate Affects Personal Injury Claims
What Is Probate?
Probate is the legal process of managing and distributing a deceased person’s assets and debts. If you’re seeking damages, you become part of this process as someone asserting a financial claim against the estate.
Filing During the Probate Process
To file your claim:
- Identify whether probate has been opened. This can be done through your local court’s public records or with help from an attorney.
- Determine who the executor is. The executor is the person responsible for managing the estate and will receive notice of your claim.
- File your claim within the statutory window. These deadlines can vary significantly by state.
If no probate case has been opened, your attorney may need to petition the court to begin one, particularly if you intend to recover damages from the estate.
What Compensation Is Available?
Damages You Can Pursue
Just because the at-fault driver has passed away doesn’t mean you lose your rights to full compensation. You may still be able to recover:
- Medical bills, both immediate and ongoing
- Lost income and future earnings
- Vehicle repair or replacement costs
- Pain and suffering
- Emotional trauma and mental anguish
Limits to Recovery
There are practical limitations to how much compensation you can expect, including:
- Policy limits of the deceased’s insurance plan
- Estate insolvency, meaning the estate has no available assets
- Legal delays due to probate or disputed estate management
These risks make it especially important to work with legal counsel early in the process.
Filing a Personal Injury Lawsuit Step-by-Step
Step 1: Confirm the At-Fault Driver Has Died
Use accident reports, obituaries, or police documentation to verify the death. This will determine whether a standard claim or an estate-based legal action is required.
Step 2: Locate the Estate and Probate Case
Search your local court system or consult a probate attorney to determine whether the estate has been opened. If not, you may need to initiate the process.
Step 3: File Your Injury Claim Through Probate
Submit your claim within the probate window, listing the injuries, financial losses, and documentation needed to justify your request for damages.
Step 4: Notify the Insurance Company
File a claim with the at-fault driver’s insurance company. Provide documentation such as medical records, the police report, and repair bills.
Step 5: Seek Legal Representation
Due to the complexities of probate, insurance negotiations, and legal deadlines, a personal injury attorney is strongly recommended to guide you through the process.
Common Challenges You May Encounter
Problem 1: No Probate Case Was Filed
If the at-fault driver’s family has not opened a probate case, your lawyer may need to file on your behalf to preserve your rights.
Problem 2: The Estate Has No Assets
In this case, pursuing damages through the estate may not be viable. However, the deceased’s insurance coverage may still provide compensation.
Problem 3: Insurance Company Denies the Claim
Some insurers may argue that the policy is invalid after the driver’s death. A lawyer can help challenge this interpretation, especially if the accident occurred before the death.
Problem 4: Legal Deadlines Are Missed
Probate law often includes short deadlines. Missing a deadline—even unknowingly—can bar your claim entirely.
Quick Reference: Who Pays After a Fatal Crash?
1. Auto Insurance Policy
If the at-fault driver had an active auto insurance policy at the time of the crash, that policy is typically still valid even after the driver’s death. The insurance company is obligated to process and pay out claims for accidents that occurred while the policyholder was alive. This is often the first and most accessible source of compensation for injured parties.
2. Estate of the Deceased
The estate of the deceased can be held liable for damages resulting from a car accident, provided that a claim is filed correctly and within the required time frame through probate court. You must submit your injury claim as a creditor of the estate, and it must be approved by the court. If successful, compensation will be paid from the estate’s assets, assuming they are sufficient.
3. Umbrella Insurance (Optional)
In some cases, the deceased may have had an umbrella insurance policy, which provides additional liability coverage beyond standard auto policy limits. If your damages exceed what the auto insurance covers, an umbrella policy—if available—can offer a secondary layer of compensation.
4. Estate Assets
If a claim is approved by the probate court and the estate has sufficient funds, the compensation can be paid out from the deceased’s assets. This includes real estate, bank accounts, personal property, or any other financial holdings. Estate assets, however, are distributed according to probate law, which means your claim competes with other debts and obligations.
Frequently Asked Questions
Can I still sue if the driver who caused the accident is deceased?
Yes, you can still pursue a lawsuit even if the at-fault driver has passed away. In such cases, the legal responsibility does not end with the person’s death. Instead, the claim shifts to their estate. You may also be able to file a claim through the deceased driver’s auto insurance policy, as coverage typically remains valid for accidents that occurred while the driver was alive and the policy was active.
What happens if the at-fault driver died in the crash, but I still have injuries and expenses?
You still have legal options. While the circumstances may feel more complicated, the law allows you to recover compensation from the deceased person’s estate or insurance company. If the estate has been opened in probate court, you may need to file a creditor’s claim. If not, you might need legal assistance to initiate probate in order to move forward with your claim.
Will the insurance policy still pay if the driver has passed away?
In most cases, yes. If the accident occurred before the driver’s death and the policy was active at the time, the insurance company remains responsible for valid claims. The death of the policyholder does not void the coverage retroactively. However, complications can arise, and insurance companies may try to limit liability or deny the claim, so legal support is often important.
What if there is no estate or probate case?
If no one has opened a probate estate for the deceased driver, and you are pursuing compensation through the estate, your attorney may need to petition the court to open one. This is not uncommon in cases where a legal claim needs to be filed, but no one in the deceased’s family has initiated probate. Opening the estate is a crucial step to allow you to file a claim for damages.
Is there a deadline for filing a claim against a deceased driver’s estate?
Yes, and the deadline can be very short. In many states, you may have as little as 60 to 120 days from the date the probate case is opened to file your claim. Missing this deadline could result in your case being dismissed, regardless of its merits. It’s also important to consider that the regular statute of limitations for personal injury claims still applies, so prompt action is essential.
Final Thoughts
Suffering injuries in a car accident is already a traumatic experience. Learning that the at-fault driver has passed away adds emotional complexity and legal uncertainty. However, your right to compensation does not disappear.
Whether through the driver’s insurance policy or a formal claim against their estate, legal remedies still exist. Navigating these processes can be difficult, but you are not alone—and you are not without options.
Contact Lawlor, White & Murphey Today
If you were injured in a crash and the person who caused it has passed away, don’t delay. Probate deadlines are strict, insurance companies may resist, and legal complexity abounds.
Contact Lawlor, White & Murphey today for a free consultation. Our knowledgeable lawyer can help protect your rights, file your claim correctly, and give you the best chance of recovering what you’re owed.