If you were injured in a serious car accident, the driver who caused the wreck is responsible for your damages. This generally means that medical expenses, lost wages, and pain and suffering are covered by the at-fault driver’s insurance policy.
But what if the at-fault driver dies in the accident? Can you sue someone who is deceased?
The answer is generally yes. When pursuing damages for an accident caused by someone who has died, you can file a claim against their insurance company or estate.
The experienced car accident attorneys at Fuller & Fuller have helped victims of car accident injuries throughout the Olympia and Tacoma areas of Washington since 1972. Call us at 800-570-4878 to schedule a FREE and confidential case review and learn how we can help.
Washington Car Accident Damages
Victims of car accident injuries in Olympia, Tacoma, and elsewhere in Washington may be entitled to compensation for:
- Current and future medical expenses
- Lost wages and diminished earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- And more
Damages available to car crash victims include both tangible costs, like rehabilitation expenses, along with intangible losses, such as physical pain and emotional suffering. These are available even in cases where the at-fault driver dies in an accident. During your free case review, Attorney Fuller will listen to your story, evaluate your damages, and help you understand which damages you may be owed.
There is no cap placed on car accident claim damages in Washington. This means there is no legislated limit to the amount of compensation you can seek for your injuries. However, before you can pursue compensation from a driver who has died, you will need to identify where the compensation will come from: the at-fault driver’s insurance policy or through legal action against the negligent party’s estate.
Filing a Claim Against the Deceased Driver’s Insurance Policy
When you are involved in a car accident where the at-fault driver dies, you usually have the right to seek compensation through their insurance policy. Compensation may, however, be capped by the policy’s limits. An insurance policy remains active for covered accidents that occurred while it was in force—even if the policyholder has died.
Washington car accident lawyer Marya Fuller is a specialist in accident and injury law. She will investigate the circumstances surrounding your collision, gather evidence of negligence, and safeguard your rights as she pursues maximum compensation for your injuries.
What If the Deceased Driver Was Uninsured or Underinsured?
In Washington, most insurance companies offer coverage options to help protect you in cases where the at-fault driver has little or no insurance. If the driver has some insurance but not enough, you may be covered by your policy’s Underinsured Motorist Coverage (UIM). If the at-fault driver doesn’t have insurance at all, Uninsured Motorist Coverage (UM) applies. These two types of coverage (UIM/UM) are combined in the same provision by many insurance companies.
UIM/UM coverage can protect you against negligent drivers who ignore Washington’s insurance requirements and allow us to pursue maximum compensation on your behalf. However, while these provisions are included in many Washington auto insurance policies by default, you do have the option of waiving your right to these coverages in writing. People sometimes forget that they waived their rights when they purchased their coverage. Because of this, it is a smart idea to contact your insurance company to confirm that you are protected in these unfortunately common situations. Get UIM/UM coverage to protect yourself and your family against the
consequences of being hit by an uninsured driver because there are a lot of them out there.
Filing a Claim Against the Deceased Driver’s Estate
When an at-fault driver dies, seeking damages through their insurance policy—or your policy if they were uninsured or underinsured—is often the most straightforward route. However, insurance is not always an option when it comes to seeking compensation for car accident injuries. In these cases, Washington law provides a pathway to file a claim against the deceased driver’s estate.
When Insurance Is insufficient
Severe or chronic injuries often mean ongoing costs—lost wages, future medical costs, etc.—which may require compensation beyond insurance coverage. If your expenses exceed the at-fault driver’s policy limits, recovering from estate assets may help offset the remainder owed.
A deceased driver’s estate includes assets, such as real estate, bank accounts, financial assets, and personal property left behind. A personal representative—named in a will or appointed by the court—manages the estate during probate, during which potential creditors, including individuals with injury claims, must be given notice. If you receive notice, it is essential to move quickly. While you may have up to four months to file a claim following a published notice, you have only 30 days to file a claim following direct notice.
It is important to note that the statute of limitations for a personal injury claim is typically three years from the date of injury, even if the at-fault driver dies. However, this timeframe may be affected by the probate process.
The probate process can be complicated. If you suffered losses due to the negligence of a deceased person, it is in your best interest to discuss your case with a knowledgeable attorney to see if you can file a claim against the estate as soon as you receive notice. During your complimentary case review at our Olympia or Tacoma office, attorney Marya Fuller can discuss the probate process and what you can expect as we seek the compensation you are due.
Why Choose Fuller & Fuller?
Founded over 50 years ago, Fuller & Fuller is a multi-generational, family-led law firm with deep roots in Washington State. Our team has helped thousands of injured people and their families receive the compensation they need to make the fullest recovery possible. When you choose us, you can expect:
- Local Knowledge. We know Washington laws regarding car accidents caused by drivers who have since died and can ease the process of seeking compensation.
- Extensive Experience. Marya Fuller has decades of experience working within both personal injury and probate regulations. She can assist with your claim no matter where compensation is sought.
- Personalized Attention. We take pride in treating clients like family. We will provide compassionate, personalized, and tireless representation.
- Proven Results. We have a track record of securing substantial sums for our clients.
Contact Fuller & Fuller for a FREE Consultation
Car accident cases involving the death of a negligent driver can be very complex and require the knowledge and resources of an experienced car accident lawyer. Marya Fuller has extensive experience helping accident victims recover the compensation they deserve after a wreck caused by negligent drivers. She understands the challenges you may be facing during this difficult time, and she is committed to helping you pursue justice.
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If you were injured in a car accident, contact Fuller & Fuller online or call our Tacoma or Olympia office to schedule a FREE, no-obligation consultation. We proudly represent clients from all areas of Washington.
