I was in an accident and the at fault driver died a few months later. Will I still get reimbursed for damages?

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Asked March 21, 2016

1 Answer

If the driver was insured then the answer is yes. If the driver had car insurance at the time of he accident then the insurance company is still liable for any accident that the at fault drivers policy meets. If the driver was not insured it is possible to still be reimbursed but there are numerous steps that must be taken to receive payment.

Upon death there is always a executor to an estate and this is usually the next of kin. The executors responsibility is to pay off all debts that the deceased had at the time of death. Before any monies can be disbursed to relatives all assets are frozen give debtors time to collect.

Assets include all properties such as cars, homes, checking or savings accounts and life insurance policies. Contact your local Ohio probate court and file a claim. A hearing will then be held to find fault and accountability on the deceased's estate. If the probate court has already disbursed all the assets there is still one final recourse.

If the damage was under $3,000 the case can be heard in a small claims court. You would file a claim against the estate and the executor would be summoned to court. If the court finds the deceased at fault then the executor would be held liable for the debt.

Answered March 22, 2016 by RedTicker

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