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What Happens When the Defendant in Your Car Accident Lawsuit Dies?

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What Happens When the Defendant in Your Car Accident Lawsuit Dies?

If you get into a car accident and the other driver was responsible, they should pay you damages. This is why you hire a car accident lawyer in Texas to begin with. If your insurance claim was paid right away, you wouldn’t need a lawyer. Unfortunately, many times, the insurance company denies your claim or delays payment unnecessarily, one of them is if the defendant dies.

When you file your insurance claim, you may luck out. It could be approved right away. If this is the case, you’ll have your money in a week or two. You can pay your medical bills and get your car fixed. But, if your claim is denied, it’s a different story entirely.

If your accident is very serious, both you and the other driver are going to suffer pretty severe injuries. There’s a chance the other driver won’t survive their injuries. If this happens, it can make your lawsuit very complicated. Especially if the insurance company doesn’t cover all of your damages.

Your Texas car accident lawyer will do everything they can to get you the compensation you deserve. Hopefully, the insurance company will pay all of your damages. If they don’t, you’ll have no choice but to file suit against the defendant’s estate.

Why Would the Insurance Company Deny Your Claim?

In an ideal world, the insurance company would always pay your claim. They would accept that their driver was responsible for the crash. In the real world, it doesn’t work this way. The insurance company may deny your claim for several reasons, including:

  • The policy wasn’t valid
  • The policy had lapsed for non-payment
  • The driver wasn’t listed on the policy
  • You didn’t file your claim in time
  • The insurance company doesn’t believe you were hurt
  • They think you caused the accident
  • You have a history of filing false claims

If your claim is denied, your car accident lawyer in Texas can file an appeal. They’ll try to negotiate a settlement with the insurance adjuster. If they’re not willing to settle, your lawyer will have no choice but to file suit on your behalf.

Will You Have to Name the Defendant in the Lawsuit if They Died?

If you need to file suit, you will have to name the defendant in the lawsuit. This is true even if they die. Your Texas accident lawyer will name the estate of the other driver in your lawsuit. This means, if you win your case, you’ll have a judgment against the other driver’s estate.

Having a judgment against someone’s estate can be a good thing or a bad thing. Ideally, the insurance company will pay your damages. You have a much better chance of getting money from them than you do an individual. And, when that defendant dies, it makes it even harder to collect your judgment.

When someone dies, they usually have an estate. This is a collection of all their debts and assets. The creditors of the estate get paid thru the assets. The problem is, you’ll be behind a lot of other creditors. For example, the IRS and mortgage company will get paid before you do. There may not be enough money left over to cover your judgment. This is why it’s so important that your lawyer find a way to settle your case.

Contact an Experienced Texas Car Accident Lawyer Right Away

If you’ve been involved in a serious crash, you need to call an experienced car accident lawyer right away. Your attorney can review your case and decide who you need to file a claim against. Obviously, you’ll have to file a claim against the insurance company. But you also need to file suit against the other driver.

Even if the other driver doesn’t survive the accident, you still need to name them in the suit. Their estate will be responsible for any damages. If you win your case, you’ll end up with a judgment against their estate. The administrator of the estate will have to make sure your claim is paid.

Call today and schedule your free initial consultation with Brent Coon Law today. They can let you know what your case may be worth. You can also ask them any questions you may have. The insurance company is going to have a team of lawyers working for them. You need to have someone by your side as well.

You shouldn’t try to handle your car accident claim by yourself. There’s too much at stake. Let a skilled car accident lawyer handle your case.

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