What Happens When Someone Dies in a Car Accident?

Posted: May 6th, 2020

Losing a loved one in a car accident is overwhelming and sorrowful. It will affect you and your family, and friends of the victim for the rest of your lives.  Filing a wrongful death claim with the Mayer Law Firm provides damage recovery, especially if someone negligent actions caused the accident. During with trying time, the process of a claim may feel daunting and complex. Consulting with a legal representative as quickly as possible is vital so you don’t miss any deadlines or requirements.

Making a Wrongful Death Claim

When a driver has sustained fatal injuries, the civil court will make its decisions based off of a few different factors. First, the decedent’s family must prove that the other driver was negligent and that that negligence is what caused the accident. A wrongful death claim is similar to other liability claims, evidence that the other driver was at fault must be provided. Additionally, the civil courts decision will be made of the other driver’s testimony and statements, police officers’ opinions, any physical evidence and witness accounts. The court may even find negligence against both drivers, if so, the at fault party will still have to pay a portion of the wrongful death claim.

The Insurance Company Will Investigate

The insurance company will hold its own investigation of the accident and obtain official reports. The insurance company will contact witnesses, passengers and drivers involved. In the event the liability of the drivers remains unresolved, the insurance company can go as far as hiring accident reconstruction experts which can provide opinions on evidence traffic patterns, debris, skid marks in the road, traffic pattern analysis and more! The insurance company will accomplish the following tasks with their investigation.

  • Determination of the deceased insurance status (Uninsured or Under-insured Motorist)
  • Photograph and Examination of vehicle damage, impact points or other evidence that provides insight to how the accident occurred
  • Determination of negligence and fault
  • Evaluation and compensation for the deceased insured vehicle damage
  • Address lien-holder interests
  • Assessment of liability for the other drivers’ injuries/damages and any other injuries to other occupants that were in the vehicles as well

If you are worried about the negligent driver not having liability insurance at the time of the accident, Uninsured Motorist coverage will pay the damage costs that responsible party’s carrier would have paid normally. Likewise, if the responsible party had the liability insurance but it was not enough to cover the compensation costs, Under-insured Motorist Insurance coverage pays the difference. As long as the fault and negligence are proven, the costs will be covered by UIM and UM coverage.

If your loved one was the victim of a fatal car accident, call the Mayer Law Firm of Melbourne today. We understand that your whole life has been disrupted and how difficult and trying this time is for the victim’s family, emotionally, mentally and financially. For any car accident, it’s highly recommended you retain legal counsel as soon as possible, contact us today for a consultation.