Legal Question in Personal Injury in California
deceased at-fault driver
How do I sue the insurance company of the deceased at-fault driver who hit me? I'd like to do this in sm. claims court. Tjhey refused to pay me any $, even if my ins. co. paid nearly $10K. The driver is now deceased.
3 Answers from Attorneys
Re: deceased at-fault driver
"Sue the insurance company"? You don't; you have no right to. You sue the driver and his 'estate' if you can't settle the case. If you win, the insurance company is obligated to pay up to the policy limits. They and the defendants can settle at any time up to then. IF the case has merit [other side found at fault], value [substantial medical injuries and financial damage] and collectability [sufficient insurance coverage or available driver's assets], feel free to contact me if serious about getting counsel. I've been doing these cases for over 35 years. If the carrier refuses any payment, that tells you they think the case has no merit or value. You have to prove differently. That's what attorneys are trained and paid to do.
Re: deceased at-fault driver
There are strict time limits for suing an estate which trumps the statute of limitation for personal injury. See an attorney.
Re: deceased at-fault driver
There are strict time limits for suing an estate which trumps the statute of limitation for personal injury. See an attorney.
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