Any car accident is highly tragic. Whoever is at fault, both parties suffer considerable injury and damage to personal property. Most car insurance companies allow the aggrieved to seek compensation for any loss to his property or bodily harm imposed upon him due to the car crash.
However, things get pretty complicated when the driver at fault dies in the car crash. In such cases, claiming compensation from the person responsible for the impact becomes difficult.
Happen to be a victim of such a crash. It shall be prudent to hire an american fork car accident lawyer to help you obtain the necessary compensation for the seriousness of injury and damage. Most claims for monetary compensation boil down yet to whether or not negligence has been committed by the parties involved in the collision. Usually, the death of a negligent party is irrelevant to the validity of the car insurance claim.
Though this norm might seem cold and heartless, it has been formulated to compensate an innocent party for his loss and troubles when in a car crash. If the insurer of the deceased at-fault driver refuses to pay a proper settlement for personal injury inflicted upon you, you can file a lawsuit against the company.
To prove your innocence in a car crash, you should be able to produce hard evidence. Few pieces of proof that you can produce to prove your keys are enumerated below:
- Video footage from security cameras
- Medical bills incurred by you
- Statement from witnesses present on the spot
- The investigation report submitted by the police or local authorities
Can I Receive Full Compensation for My Losses?
The answer to this question is subjective. The compensation you may receive depends upon the kind of insurance the deceased driver purchased. The state laws mandate all motorists to buy at least liability insurance. However, many drivers might be negligent about the same and fail to buy proper insurance coverage.
If the deceased was responsible enough to purchase proper insurance coverage, it should be able to cover your financial losses. However, if the insurance company has less than honorable intentions, they might try to get away with paying minimal compensation to you or, worse, paying any compensation.
If, on the other hand, the driver at fault did not have insurance coverage, then as the aggrieved party, you can file a lawsuit against the personal property owned by the deceased. Yeah, such a scenario transpires into a relatively complicated legal battle.
In both cases, it shall be prudent on your part to consult with an experienced lawyer before making any move.
The Emotional Factor:
Claiming compensation from the family members of a deceased driver might seem wrong on many emotional levels. However, please remember that insurance companies shall try to capitalize on this empathy that you have to get away with paying minimal or no compensation to you.
Please remember that while the empathy you have for the deceased’s family is true to its very core, it shall not pay the medical bills you have incurred or the consequent loss of wages that you have had to suffer due to a negligent driver. Therefore, you must seek help from an experienced attorney who shall guide you in such a delicate matter.
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