South Florida Injury Attorneys Blog
When you’re involved in a car accident, you have a right to pursue monetary compensation for the physical, emotional, and financial damages you incurred. Unfortunately, this legal right is not affected if the at-fault driver dies in the crash.
While it can be difficult to think about legal matters when dealing with tragedy, the legal system still recognizes the suffering caused by another person’s negligence. Filing a lawsuit to get paid for your injuries may look different if the other driver passes away, but there are still steps you can take to pursue justice and receive the compensation you deserve.
In the state of Florida, filing a claim after an at-fault driver’s death requires an experienced lawyer’s assistance. In this article, we will discuss how to go about filing a claim if the other driver involved in your crash has died.
Minor Injuries
In the state of Florida, if the at-fault driver in an accident has passed away and you have suffered minor injuries, you may still be able to file a claim. Depending on the type of insurance coverage the at-fault driver had, you may be eligible for financial compensation for your medical bills and other losses.
If you have suffered minor injuries such as cuts, bruises, and scrapes, you may be covered by the Personal Injury Protection (PIP) insurance that the at-fault driver had in place. PIP will usually cover up to 80% of medical bills related to minor injuries and can also provide wage loss benefits for those unable to work due to their injury.
If the at-fault driver did not have PIP coverage, you may also be covered by Uninsured Motorist Property Damage Coverage or Uninsured Motorist Bodily Injury Coverage, depending on the circumstances of the crash.
Another type of coverage that may be available is medical payments coverage. This coverage is not mandatory in Florida but may provide coverage for minor injuries even if the at-fault driver has died in the crash. Medical payment coverage can cover up to 80% of medical bills and is available regardless of who is at fault for the accident.
Finally, if your car has been damaged in the crash and you were not at fault, you may be able to get Collision Coverage from your auto insurance policy. Collision Coverage pays for repairs or replacement of your vehicle if it has been damaged in an accident and is usually required by your car loan lender.
Major Injuries
You may be entitled to compensation if you have sustained major injuries, such as broken bones or head trauma, due to a crash caused by an at-fault driver who died in the accident. In the state of Florida, you will typically be able to file a claim with the at-fault driver’s estate. This is also known as a wrongful death claim, allowing you to seek compensation for medical bills, lost wages, pain and suffering, and more.
When filing a wrongful death claim in the state of Florida, you must be able to prove that the at-fault driver was responsible for the accident. It is important to speak with an experienced personal injury attorney if you are considering filing this type of claim, as they will help you navigate the process and ensure that all necessary documents are properly filed.
In addition to filing a wrongful death claim with the at-fault driver’s estate, you may also be eligible for additional compensation. Depending on your coverage, you may be able to receive money from your insurance provider through uninsured motorist property damage coverage or uninsured motorist bodily injury coverage. Additionally, if you have medical payments or collision coverage, you may also receive additional compensation from those policies.
It is important to note that when filing a wrongful death claim in the state of Florida, certain time limits must be adhered to for your claim to be valid. It is recommended that you contact an attorney immediately to begin the process and ensure you can receive the compensation you deserve.
Uninsured Motorist Property Damage Coverage
If the at-fault driver in your car accident was uninsured, you may still be able to recover some of your damages. In Florida, all drivers must carry Uninsured Motorist Property Damage Coverage (UMPD) to cover losses caused by an uninsured motorist. This coverage is optional but can provide some financial relief if the at-fault driver does not have insurance.
Under this coverage, you can recover expenses for the cost of repairs or replacement of your vehicle. Depending on your policy limits, you may also be able to recover compensation for costs related to repairing items attached to the vehicle, such as a bike rack or trailer hitch. Additionally, you can recover costs associated with the loss of use of your vehicle, such as the cost of a rental car while yours is being repaired or replaced.
The only caveat to this coverage is that it is unavailable if the at-fault driver dies in the crash. In that case, you cannot pursue a claim against their estate. Instead, you will have to rely on other forms of coverage, such as Medical Payments Coverage or Collision Coverage, if it applies.
Uninsured Motorist Bodily Injury Coverage
If you’ve been injured in a car accident caused by an uninsured driver in Florida, you may be able to file an uninsured motorist bodily injury claim. This type of coverage is typically included in your car insurance policy, so it’s important to check your policy to see if you have this coverage before filing a claim.
For uninsured motorists, bodily injury coverage can help to pay for medical bills, lost wages, and other damages resulting from the accident. It is usually limited to a certain amount, so it’s important to understand what limits are on your particular policy.
To file an uninsured motorist bodily injury claim, you must be able to prove that the uninsured driver was at fault in the accident. This may require collecting witness statements, taking pictures of the scene, and other evidence. In some cases, it may also be necessary to sue the driver’s estate to obtain compensation for your injuries. An experienced car accident lawyer can help you navigate this process and ensure you receive the compensation you deserve.
Hire a Frankl Kominsky Injury Lawyers Pompano Beach Car Accident Lawyer to Help You File A Claim
When the at-fault driver has died in a car accident in Pompano, Florida, it can be difficult to figure out how to file a claim for damages. If the at-fault driver was insured, you may be able to claim their insurance company. However, if the driver was uninsured or underinsured, you may need legal assistance to help you file a claim and get the compensation you deserve.
At Frankl Kominsky Injury Lawyers, we have experienced Pompano Beach car accident lawyers who can help you navigate this complex process. Our team of experienced attorneys understand the complexities of Florida car accident laws and can provide you with invaluable advice on how to file a claim. We will also help you assess your damages, investigate the accident, and negotiate with the insurance company.
If you’re looking for an experienced Pompano Beach car accident lawyer to help you file a claim after a fatal crash, look no further than Frankl Kominsky Injury Lawyers; contact us today at (561) 800-8000. Our lawyers are committed to helping victims of car accidents get the compensation they deserve. Contact us today for a free consultation and learn more about how our team can help you.