Michael Damaso / 05-17-2022 / Auto Accidents

Can You Still File a Car Accident Claim if the Negligent Driver Dies?

Fatal car accident with police nearby. Should you file a car accident claim even if the other driver dies?If you have suffered injuries in an accident that resulted in the other driver’s death, you may be wondering if it is possible to recover compensation for your injuries. Many accident victims worry about the deceased driver’s family and may neglect their own need to recover their losses. However, if the deceased driver behaved negligently behind the wheel and caused you to suffer severe injuries, you have a legal right to pursue a personal injury claim. 

A claim against a deceased driver’s estate can be more legally complex than a standard claim. Fortunately, a highly-qualified car accident attorney can help. At Wooten, Kimbrough, Damaso, & Dennis, P.A., our attorneys are experts in Florida law and are dedicated to helping our clients recover the maximum amount of compensation for their claims. When you partner with us, you can rest assured that your claim is in the seasoned hands of a caring legal expert. 


Can I File a Car Accident Claim in Florida Against a Deceased Driver?

Since Florida is a no-fault state, the damages you suffer from your accident injuries must be above the state’s no-fault threshold to pursue compensation from the other driver’s insurance company. In other words, more minor injuries will likely be covered under your insurance policy. In Florida, drivers must have personal injury coverage for up to $10,000 to cover minor injuries and medical costs. 

However, if your injuries are more severe, you may have grounds to file a claim against the deceased driver’s insurance company. In order to file a claim in Florida, your injuries must meet one of the following requirements:

  • Significant loss of bodily function
  • A permanent injury with a reasonable level of medical probability
  • Significant and permanent disfigurement or scarring
  • Death

If the driver was insured, the claim can proceed against the driver’s insurance the same way it would if they were still living. However, if the driver was uninsured or did not have enough coverage to compensate for your injuries, you may need to file a claim against their estate. This process can be legally complex, so it is essential to have an experienced attorney in your corner so you can get the compensation you need to heal and recover. 


Concerns About the Deceased Driver’s Family

Many accident victims that have been injured in an accident with a driver who passed away are hesitant to pursue a claim out of respect for the driver’s family. However, it is essential to note that your right to recover damages for your losses did not die with the driver. 

You and your attorney will be dealing directly with the driver’s insurance company, and it is unlikely that the family will be directly involved or financially impacted by the claim. The costs of treatment, surgeries, and medication can be astronomical, so it is vital not to neglect your financial needs as you take care of your physical and emotional ones. 


Contact a Highly-Qualified Car Accident Attorney Today

If you have been injured in an accident with a deceased driver, do not hesitate to contact an experienced car accident attorney. At Wooten, Kimbrough, Damaso, & Dennis, P.A our attorneys have over 100 years of combined experience achieving favorable outcomes for clients like you across the state of Florida. Our attorneys are dedicated to taking a personalized approach to every case so that our clients can get the legal representation they need for their unique situations. To get started and schedule a free consultation, give us a call at (407) 843-7060 or complete our contact form today. 

Disclaimer: All verdicts and settlements listed here are gross amounts before deductions for attorney fees and costs. Past results do not guarantee similar results in the future. Most cases result in a lower recovery. It should not be assumed that your case will have as beneficial a result. Before choosing a lawyer, ask for written information about the lawyer's legal qualifications and experience.