Making a Claim Against a Driver Who Died in the Wreck

insurance company against someone who died

I know from firsthand experience as a Dallas-Fort Worth car wreck attorney that anytime someone dies in a car wreck, it's a tragedy. If you were involved in an auto wreck and survived, consider yourself lucky.

If the wreck wasn't your fault, however, you should know that Texas law gives you the right to recover money to pay for your damages and injuries (like medical bills, missed time off work, etc.). You should absolutely pursue this right, even if the other driver passed away in the accident. 

Medical care is not cheap (it's actually the leading cause of bankruptcy in the United States) so if someone else was at-fault for your wreck, their insurance should pay for your bills. 

What Happens When the Driver At-Fault Dies?

You can still make a claim. I understand that some people might feel wrong doing this - they lost their life and you feel lucky to be alive, so you should give them a break. However, their death doesn't change anything in legal terms and you still have a right to make a claim for compensation. 

It's also important to note that filing a claim against a deceased driver doesn't hurt them or their surviving relatives. The money you're given will be from their insurance company, not the family themselves. 

There is no reason that you should feel bad making a claim if the negligent driver died. If they were driving while intoxicated, sending a text message, speeding or indulging in any other dangerous behavior, then they would likely have had criminal charges brought against them had they survived.

Regardless of whether they died or not, the fact remains that you were injured due to their negligence. This means huge doctor bills, missed work, perhaps several months of chiropractic treatment or physical therapy - who knows what else? You deserve compensation and you shouldn't feel bad at all about making a claim.

(Want to learn more about making a successful car accident claim in Texas? Download my free guide instantly). 

How to Make a Claim Against a Dead Person

Making a claim against the deceased is very much like making a claim against the living. You'll start by contacting their insurance company and meeting your insurance adjuster, who will handle your case throughout the process. 

For more information on making a car insurance claim in Texas, read my article here. 

Is It Harder to Win Your Case If the Other Driver Died? 

No, although certain complications might arise depending on the evidence you have available and how the accident happened. 

If another driver died in your auto accident, it's always a good idea to consult a board certified personal injury and car wreck attorney. An attorney can walk you through the claims process and help you ensure your rights are protected. 

For more information on your legal rights and responsibilities as a traffic accident victim, please call us at the Anderson Law Firm for a completely free, no obligation consultation. We can be reached toll free at 800-3654-6275 or locally at 817-294-1900. Alternatively, you can contact us online and one of our experienced lawyers will call you back as soon as possible.

Other Articles You Might Be Interested In:
Drunk Driving Cases Resulting in Wrongful Death Claims
Money Matters: Long-Term Financial Debt as a Result of Being Injured in an Accident   
Money Matters: Long-Term Financial Debt as a Result of Being Injured in an Accident   
When Life Spins Out Of Control: Important Steps After A Car Accident   
Should I Sign a Medical Authorization in Texas?  

Mark A. Anderson
Connect with me
Board Certified Personal Injury Lawyer in Fort Worth, Texas