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What happens if the at-fault driver dies in the accident?

On Behalf of | Dec 17, 2021 | Personal Injury

Because more Kentuckians worked from home in 2020, there were fewer car accidents on roadways in the commonwealth that year. Despite the drop in collisions, there were 780 traffic fatalities. Some of these, of course, was at-fault drivers.

If you have survived a catastrophic car accident that kills the driver who caused it, you may feel uneasy about filing a personal injury lawsuit. While you probably have that option, Kentucky’s no-fault approach may not require it.

Your insurance policy

Unless you have opted out in writing, you probably have personal injury protection as part of your insurance policy. This type of insurance covers the injuries you sustain in a crash, regardless of which driver is to blame for it. Still, if you only have basic PIP coverage, your damages may exceed your policy limits.

The at-fault driver’s insurance policy

Even if the at-fault driver died in the accident, his or her insurance policy probably protects you. That is, you can likely file a claim with the responsible driver’s insurer. Doing so may make up the difference between what your insurance pays and your substantial damages.

The at-fault driver’s estate

If the at-fault driver’s insurance policy and your PIP insurance do not provide you with sufficient financial compensation for your accident-related injuries, you may be able to file a legal claim against the deceased driver’s estate. Kentucky law usually allows these lawsuits when medical bills exceed $1,000.

Even though taking legal action against a dead person may make you feel uncomfortable, you should not have to pay the extreme costs of someone else’s bad driving. Ultimately, you likely have many options for securing the financial compensation you deserve.