What if the At-Fault Driver Was Killed in a Maryland Crash?

We refer to the person who was injured or killed in a crash as the victim. However, sometimes the person who was killed in a crash is the one who caused the accident.

If a negligent driver caused your crash and has since died, and you have questions about your next steps, contact The Law Offices of Peter T. Nicholl. Our experienced lawyers are ready to provide the answers and support you need.

With over three decades of experience, we have recovered billions in compensation for our Maryland clients, including those involved in car accidents.

Discover your legal options during a free consultation. Call us at 410-297-0271.

Can I File an Insurance Claim or Lawsuit if the At-Fault Driver Dies?

Yes, you can still file an insurance claim or lawsuit even if the at-fault driver died in the crash. While the process may differ slightly from a typical case, you still have the right to seek compensation.

Some car crash victims may wonder how to sue an at-fault driver who dies after a crash. In Maryland, the driver who caused the crash is held liable for damages. If the at-fault driver dies and their insurance policy is still valid, you can still pursue compensation.

If the insurance coverage is insufficient to cover your losses, you might need to file a claim for underinsured motorist coverage with your own insurance company.

Another potential option is filing a lawsuit against the deceased driver’s estate. However, this is highly unlikely, as the estate probably does not have the funds to cover your damages. Each situation is unique, but the odds are that most car crash claims are covered by one or more insurance companies.

How Will the Death of the At-Fault Driver Affect My Case?

You may be surprised to find out that the death of the at-fault driver may not impact your case all that much. If he or she had insurance, the insurance company can still be held liable for your damages.

You may be concerned about pursuing compensation from the insurance policy of someone who passed away. You may think that the deceased driver’s family will be involved in the legal process, but this is highly unlikely. You and your lawyer will be dealing with the insurance company and the deceased driver’s family is unlikely to be involved at all.

However, the death of the at-fault driver could make it harder to prove your case. It is your word against no one’s, since the at-fault driver is not there to provide his or her account of what happened. The insurance company may use this against you and demand significant evidence proving the other driver’s fault.

Fault can become a particularly thorny issue in Maryland, as this state has a harsh contributory negligence law. The law prohibits victims from seeking any compensation if they are even one percent at fault.

These are all reasons why you need an experienced lawyer who knows how to gather strong evidence of liability for car accidents. Our attorneys have proven experience building strong cases on behalf of crash victims, we can also bring in experts to provide detailed analysis of various aspects of a case.

What if the At-Fault Driver Did Not Have Insurance or Was Underinsured?

There are multiple options for seeking compensation, including:

Uninsured Motorist Coverage

You can file a claim with your own insurance company. In Maryland, drivers must have uninsured motorist (UM) coverage as part of their auto insurance policy.

The minimum coverage limits are:

• $30,000 for each person for bodily injury
• $60,000 for each accident for bodily injury
• $15,000 for each accident for property damage

Personal Injury Protection (PIP)

PIP can be used for medical expenses, lost wages and other related costs. The minimum coverage  offered is $2,500, and it covers the insured, passengers in the insured vehicle and family members living in the insured’s household.

This is not mandatory coverage. Insurers are required to offer it, but drivers can choose to waive coverage.

Umbrella Policy

Umbrella insurance provides extra liability coverage beyond what is in auto insurance. This can help you get additional coverage that may not be available from an at-fault driver’s insurance policy.

Did the At-Fault Driver Die in the Accident? Call Us Today.

If a negligent driver who caused your crash was fatally injured in the accident, you need experienced legal representation to help you seek compensation.

With our extensive experience and resources, we are equipped to secure the compensation you deserve. Call The Law Offices of Peter T. Nicholl to learn about your rights and potential compensation. You can focus on your recovery while we handle your legal matters without any upfront costs or fees.

Call us today at 410-297-0271 to schedule your free consultation.