What if the driver at fault for my accident died?

If you are injured in a car accident due to someone else’s actions, you may be entitled to bring a bodily injury claim against the at-fault driver. But what happens if the at fault-driver died in the accident?

The personal injury claim process doesn’t stop, even if the at-fault driver dies. Their automobile insurance must still defend the claim and you may be entitled to damages. However, you’ll still need to prove that the deceased driver was at fault for the car accident.

If you're injured, seek immediate medical attention for a full evaluation of your injuries. Once you’re stable from injuries, contact an experienced personal injury attorney who can assist in evaluating and settling your claim.

Building a strong case requires several types of supporting evidence, such as:

• Images documenting both vehicle damage and physical injuries
• Official documentation from law enforcement and crash investigators
• Complete medical documentation and treatment invoices
• Accounts from people who witnessed the incident
• Professional analysis from subject matter experts (in complex cases)

In a case where the at-fault driver is no longer alive, it’s important to collect evidence promptly. Take photos and videos at the accident scene using your phone, gather witness contact information, and file a police report. 

For claims that advance to a lawsuit, you or your personal injury attorney may be able to file against the Estate of the deceased driver. Legally speaking, the case will proceed as if the at fault driver was still alive. However, a personal representative or special administrator will be appointed to accept service on behalf of the deceased driver.

If the deceased driver was uninsured, you may still have options through your uninsured motorist coverage–a required coverage in Minnesota with minimums of $25,000 per person and $50,000 per accident.

Under Minnesota law, victims typically have a 6-year window to initiate legal proceedings after an accident, though this timeframe can be shorter in certain situations. However, we strongly recommend beginning your claim as soon as possible–evidence can disappear, memories can fade, and waiting only makes building a strong case more challenging.

At Aaron Ferguson Law, we specialize in helping people with complicated claims. If you or a loved one has been injured in an accident, please call our office at 651-493-0429 to schedule a free consultation with one of our experienced attorneys. We have bilingual attorneys on staff to help you fully understand all your legal rights.