Twisted metal, sirens in the distance, and pain you didn’t expect. Hours later, you’re told the driver who hit you didn’t survive. What if the person at fault for your accident is deceased? Your right to seek answers remains, though the process feels different.
In Florida, the right to pursue a claim doesn’t vanish with the at-fault driver’s passing. Instead, responsibility often shifts to their estate or their insurance company. That means compensation can still be available, though the path forward may feel unfamiliar.
If you’re injured in this situation, a Fort Lauderdale car accident lawyer can explain how liability works and what options exist for recovery.
How Florida Handles Claims When the At-Fault Driver Dies
When a driver dies in a crash, their insurance company typically remains responsible for covered losses. Just because the individual is gone doesn’t mean the policy disappears. Insurers still defend claims and pay up to policy limits.
If damages go beyond insurance coverage, the claim may extend to the deceased driver’s estate. That means the estate becomes the defendant, represented by a personal representative appointed through the probate court. This process allows injured people to pursue accountability even after a fatal crash.
This matters because injured people often worry that filing a claim feels like an attack on the deceased. In reality, estate claims are about recovery, not punishment. They make sure medical bills, lost wages, and other costs don’t fall on the victim alone.
More people choose The Schiller Kessler Group because they know that we're a cut above other personal injury law firms.
What a Fort Lauderdale Car Accident Attorney Can Do
A Fort Lauderdale car accident attorney steps in to manage the process with the deceased driver’s insurer and estate. That involves building a claim that shows what happened and how it impacted your life.
Attorneys may:
- Identify all available insurance policies.
- File claims against the deceased driver’s estate if necessary.
- Secure accident reports, witness statements, and crash data.
- Work with medical providers to connect injuries to the collision.
- Coordinate with probate court deadlines.
These steps provide structure in a confusing time. While you focus on recovery, your attorney takes scattered details and shapes them into a case insurers and courts cannot ignore.
What If the At-Fault Driver’s Estate Has No Assets?
Sometimes the at-fault driver’s insurance isn’t enough, and their estate has little or no money. That doesn’t always end the case. If you carry uninsured/underinsured motorist (UM/UIM) coverage, your own insurance policy may step in to cover the gap.
UM/UIM coverage becomes important when injuries are serious and costs go far beyond what the other side can pay. In these cases, your insurer takes the place of the at-fault driver and provides compensation under your policy.
Think of it this way: you may be hit by someone who left no estate value behind, but your own UM coverage can still pay for surgeries, rehab, and lost income. Knowing what protections exist—both theirs and yours—can change the outcome entirely.
Challenges in Estate-Based Claims
Claims against a deceased driver’s estate often move through probate court. This adds another layer of procedure. A personal representative must be appointed, court deadlines must be met, and the estate must be named properly as the defendant. Missing these details can risk dismissal.
Florida Statutes § 733.601–733.619 outline the powers and duties of a personal representative, including handling lawsuits filed against the estate. These rules control who can represent the estate and how claims need to be filed. If deadlines are missed or the wrong party is named, courts can reject the case.
At the same time, insurers may argue about liability or the extent of your injuries. They may question the evidence or attempt to minimize payouts, just as they do in other car accident cases. That’s why having representation becomes so important.
Steps to Take After Learning the At-Fault Driver Died
If you’re injured in a crash and later learn the other driver died, immediate steps still make a difference. Building a strong claim starts with careful documentation and follow-through.
Here are actions that can help:
- Request a copy of the accident report and note whether a fatality was involved
- Seek medical attention and keep records, even for injuries that seem minor at first
- Notify your insurer, but avoid giving recorded statements before legal advice
- Gather witness names and contact information if possible
- Contact an attorney early to determine how to pursue claims against the estate or through UM coverage
These actions can feel small, but they create a foundation for the claim. The sooner they’re taken, the stronger your position becomes when insurers or courts review your case.
Florida’s Statute of Limitations in Estate Claims
Florida law sets strict deadlines for filing lawsuits after an accident. Under Florida Statutes § 95.11(4)(a), you generally have two years from the date of the crash to bring a personal injury claim. For wrongful death claims, the same two-year deadline applies, starting from the date of death.
That may sound like plenty of time, but these cases often involve probate court, insurers, and multiple parties. Delays can eat into the window quickly, especially if you’re waiting for the estate to be opened or for an insurer to respond.
Missing the deadline almost always ends the case, no matter how strong the evidence is. Acting early gives your attorney the chance to secure records, preserve testimony, and build a claim before time runs out.
Call The Schiller Kessler Group
So, if you’re asking, what if the person at fault for my accident is deceased? Florida law still gives you options. Insurance and estates can both provide recovery, and UM coverage may step in when other resources fall short. These claims offer accountability and relief for survivors.
At The Schiller Kessler Group, our experience spans more than three decades, with over 30,000 clients represented throughout Florida. Families turn to us because we know how to steady the process when everything else feels uncertain.
When you call, you’ll connect with a Fort Lauderdale car accident lawyer who takes the time to understand your story and gives you clear direction on what comes next. We don’t rush families through a system—we make sure your case reflects the truth of what happened.
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