In the aftermath of a car accident, one of the first things you may want to do is file a claim with the at-fault driver’s insurance company. But what if the at-fault driver died in the crash? Can you still file a claim?

The short answer is, yes, you can still file a claim against the at-fault driver’s insurance company, even if the driver died in the accident.

However, the process may be different than if the driver had survived the accident. For example, the insurance company may investigate the accident differently, and they may be more likely to deny the claim or delay the payment of benefits.

It’s important to know your rights after an accident, and to work with an experienced car accident lawyer who can help you navigate the process of filing a claim against an insurance company, whether the at-fault driver is alive or not.

What to Do After a Car Accident?

After a car accident, it’s important to seek medical attention right away, even if you don’t think you’re seriously injured. Some injuries, such as whiplash, may not be immediately apparent. In addition to seeking medical attention, you should also:

  • Report the accident to the police
  • Try to get insurance information from  the other driver or the driver’s family members
  • Take pictures of the accident scene, if possible
  • Get the contact information of any witnesses to the accident
  • Make a note of any traffic violations that may have contributed to the accident

It’s also a good idea to contact an experienced car accident lawyer as soon as possible after the accident. A lawyer can help you understand your rights and options, and can give you advice on how to deal with the insurance company.

Filing a Claim Against an Insurance Company

Whether the at-fault driver is alive or not, you will likely need to file a claim with the driver’s insurance company. If the driver is alive, you will likely need to deal with the insurance company directly.

If the driver died in the accident, you may still need to file a claim with the insurance company, but you may also be able to file a claim with the driver’s estate. In either case, you should work with an experienced car accident lawyer to make sure you take the appropriate steps to file your claim.

The insurance company may investigate the accident differently if the at-fault driver is deceased. For example, the insurance company may obtain a copy of the police report, which may include information about whether the at-fault driver was under the influence of alcohol or drugs at the time of the accident.

The insurance company may also request an autopsy report, if one was performed. The autopsy report may contain information about the at-fault driver’s injuries and whether there were any preexisting medical conditions that may have contributed to the accident.

The insurance company may use this information to try to deny the claim or delay the payment of benefits. That’s why it’s important to have an experienced car accident lawyer on your side, to help you deal with the insurance company and to make sure you get the full amount of compensation  you’re entitled to.

Hire an Experienced Car accident lawyer in Boston

When you’ve been in a car accident, you need to hire an experienced car accident lawyer in Boston. The Car accident lawyers at Swartz Law have years of experience handling all types of auto accident cases, from fender benders to serious injuries. We will fight for the compensation you deserve so that you can focus on healing.

No one ever expects to be in a car accident, but unfortunately, they happen every day. If you’ve been injured in a car accident that was not your fault, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. An experienced Car accident lawyer will know how to build a strong case and get you the maximum compensation possible.

Swartz Law is a personal injury law firm that has  represented clients in all types of auto accident cases, including:

  • Rear-end collisions
  • Head-on collisions
  • Hit and run accidents
  • Sideswipe accidents
  • Rollover accidents
  • Multi-vehicle accidents

No matter how your accident happened, we will fight for you. We have a proven track record of success in auto accident cases, and we will put our experience to work for you.

If you’ve been in a car accident, don’t try to deal with the insurance companies yourself. Let the experienced Car accident lawyers at Swartz Law take on the insurance companies for you. We will fight for the full and fair compensation you deserve. Contact us today for a free consultation.

Need Help?

If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.

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About the Author: James Swartz
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Mr. Swartz, our Managing and Principal Attorney at Swartz & Swartz P.C., is a nationally recognized and respected trial attorney as well as consumer advocate. His practice focuses on cases involving negligence, torts, products liability, medical malpractice, wrongful death, and other claims involving catastrophic injuries.

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