It’s a sensitive topic, and understandably so, but these are real questions that impact real people. If a drunk driver crashes into your car and dies as a result of the impact, can you still recover money from their insurance company to cover the cost of your medical bills and damages?

Thirty-two-year-old Jose Luis Martinez of Grand Prairie was driving under the influence down a two-lane street when he veered onto the wrong side of the road and crashed into an oncoming vehicle. Martinez was taken to Parkland Memorial Hospital in Dallas where he died.

In the other car was 35-year-old Ramon Zuniga, the driver, and his 49-year-old passenger. Zuniga sustained a broken leg in the wreck and was also taken to the hospital. His passenger was reported unharmed.

So what happens to Zuniga now? And what would happen to you if you were in the same situation? Can he file a claim against Martinez’s insurance company as he would if Martinez was still alive?

Yes, and it’s fairly straightforward. When someone dies in an accident they caused and you were hurt in the process, you’ll file a claim against their insurance company just as you normally would. You can still use their insurance information, because they were covered under insurance at the time of the accident.