A car accident, no matter how small, is always an unfortunate event. After you gathered yourself, following the initial shock, a host of questions will be going on in your head. That will be in the best-case scenario, though. What happens if the other driver involved in the accident is at fault but dies during the car accident? That could quickly become a complicated situation for you.
That does not have to be, especially if you have a good Lakeland car accident lawyer on your side. In fact, managed right, you are entitled to compensation.
What To Do When The At-Fault Driver In An Accident Dies
The fact that the driver is dead makes this an unfortunate situation for all the parties involved. Even at that, though, you deserve to be compensated for the damages – in any form and way – that you must have incurred.
To make sure of that, you should:
- Get on the phone with your insurance company You would normally want to contact your loved ones and the police after an accident occurs. In the same vein, never leave out your insurance company. Call them and let them know you have been in an accident.An agent will be assigned to you, and they would be in a good place to work with you in ensuring you get the required amount of compensation.
- Make Repairs The next thing to do would be to take your vehicle for repairs. It is recommended that you choose a repair shop that will accept payment from your insurance company, and under the kind of plan you have taken from them.
- Keep your records
Take note of every last penny you spent in getting the car back to shape. This is what you are going to use to file a claim for compensation when the time for that comes.
Why You Need A Lakeland Auto Accident Attorney In This Case
Everything we have listed above might sound as straightforward as possible, but things can fast spiral out of control. One of the biggest reasons why you should get a car accident lawyer is because they help you simplify the entire process. They know more about the laws that guard these things and will be able to work with just which one holds your best interests.
Another issue that might require your need for a Lakeland car wreck attorney arises when the at-fault driver doesn’t have insurance. At this stage, your lawyer should be able to file a claim against your own insurance company, depending on the kind of package you’re subscribed to.
In the case the at-fault driver has a significant estate which is not insured(rare), your lawyer is also best positioned to sue this estate to ensure your compensation is paid out.
When Should I File A Compensation Claim When The At-Fault Driver Is Dead?
You should start the process by going early, even though there is no rush. However, considering the case where the driver does not have insurance, the process has to be sped up.
In some states, the statute of limitations against filing a claim against someone’s estate is just a couple of months. That is opposed to several years as should have been obtainable. Once again, getting a lakeland car accident attorney to handle things for you here will ensure you never miss out due to basic negligence like this.
Is It Harder To Win The Case If The Other Driver Died?
No. not at all. Deepening on the evidence you provide though, there might be certain complications in the case. Since the other party can’t be tried for their statement, you have to provide a foolproof statement that will show you as the victim and establish the other driver as the aggressor in this case.
Will I Make The Situation Difficult For The Driver’s Family?
This is yet another thing that many people worry about. We can authoritatively tell you that none of the compensation to be paid will be coming from the deceased’s family. It will, instead, be coming out of their insurance or estate.
That way, you never have to worry about making things harder for them than it already is.
Got In An Accident Where The At-Fault Driver Died?
This is no time to waste. Get on the phone with a Lakeland car wreck attorney at Winters & Yonker right away and set the compensation train in motion. Delay isn’t your friend at this stage.