Car accidents often cause injury to more than one party, making it difficult to resolve important issues at the scene. In some cases, the responsible party sustains severe injuries that may lead to death before victims can claim damages.
If you are the victim of a car crash where the at-fault party passes away, seeking compensation for your own pain and suffering may be more difficult, but there are avenues you can pursue.
Filing an insurance claim
If the deceased driver has insurance at the time of the crash, the policy may cover the accident. However, if the at-fault driver has no insurance, or if the policy is not large enough to cover your medical bills and lost wages, then you may be able to activate your no-fault or Personal Injury Protection policy through your insurance company.
The state of Kentucky mandates drivers to purchase PIP coverage per the Motor Vehicle Reparations Act. Your policy minimum coverage is $10,000, which can go a long way toward making you whole after an accident.
Making a claim against an estate
If the at-fault driver has no insurance, and your PIP is not sufficient to cover your costs, then you may file a claim against the estate of the deceased. However, you will want to know if the value of the property is enough to cover your claim. If the estate cannot afford your bills pertaining to the car wreck, then your efforts to file a lawsuit may be futile.
As the victim of an accident where someone died, you may suffer from severe physical and emotional trauma. You deserve to recover from your injuries and receive compensation for your pain.