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What happens if the person who hits you dies in the car accident?

On Behalf of | Aug 23, 2023 | Motor Vehicle Accidents |

Being involved in a car accident is a traumatic experience, especially when it results in the death of another individual. You are likely concerned about how to navigate your claim, ensuring you can cover your medical bills and other associated costs after a significant accident, especially if the person at fault dies in the accident.

The death of the at-fault driver does complicate matters, but it does not necessarily bar you from receiving compensation. Here is a general outline of how the process can work in such situations.

File a claim with your own insurance company

First, under Kentucky’s no-fault system, you typically turn to your own car insurance policy for compensation after an accident, regardless of who was at fault. Your Personal Injury Protection coverage can help pay for medical bills and other out-of-pocket losses.

Pursue a claim against the deceased driver’s insurance

If your injuries are severe, you may step outside of the no-fault system and file a claim against the at-fault driver. In cases where that driver has died, you can still file a claim with their auto insurance provider. In Kentucky, an auto insurance policy usually stays in effect until it expires or someone cancels it, covering accidents the policyholder caused before their death.

Make a claim against the deceased driver’s estate

If the at-fault driver’s insurance does not fully cover your losses, or they had no insurance, another option might be to file a claim against the deceased driver’s estate.

Understand the time limits

Kentucky law has a statute of limitations or a time limit on how long you have to take legal action after a car accident. In general, you need to file a lawsuit within two years of the accident.

When an accident involves the death of the at-fault party, it can make an already complex situation even more challenging. You need to take prompt action, gather all necessary documentation and familiarize yourself with Kentucky’s specific rules and regulations concerning car accident claims.