How to Pursue a Car Accident Claim Against a Deceased At-Fault Driver

by | Nov 14, 2023 | Car Accidents | 0 comments

Car accidents are unexpected and life-altering events that can leave victims grappling with physical, emotional, and financial challenges. When the responsible party is no longer alive to be held accountable, pursuing a car accident claim against them can add an extra layer of complexity to an already difficult situation.

Pursuing a car accident claim against a deceased at-fault driver in New Mexico is a challenging process that requires careful attention to detail and knowledge of state laws. To maximize your chances of a successful claim, consult with a skilled personal injury lawyer with Dominguez Law who can guide you through the legal proceedings and fight for your rights. Your attorney will be your advocate during this difficult time, helping you secure the compensation you need to move forward and regain control of your life after a car accident.

What You Should Know About Pursuing a Claim Against a Deceased Party in New Mexico

Pursuing a claim against a deceased party in New Mexico requires a multifaceted approach involving legal, financial, and emotional considerations. Here is what you need to know:

Step 1: Gather Essential Information

The first step in pursuing a car accident claim against a deceased at-fault driver is to gather all essential information related to the accident. This includes police reports, witness statements, medical records, and photographs of the accident scene. Having this information on hand will be vital once the claims process has begun.

Step 2: Identify the Responsible Parties

New Mexico follows a comparative fault system, which means that multiple parties may share responsibility for the accident. In cases involving a deceased at-fault driver, it is important to identify all of the parties that may be held liable for your damages. This can include the driver’s estate, insurance companies, or other potential parties who may have contributed to the accident’s cause, such as a manufacturing defect in a vehicle.

Step 3: Notify the Insurance Companies

Once all of the necessary information has been gathered and all responsible parties are identified, it is time to notify the insurance companies involved. Notify both your own insurance company and the insurance company of the deceased at-fault driver. Be prepared for initial discussions with adjusters from these companies.

Step 4: Probate the Deceased Driver’s Estate

In New Mexico, you may need to open a probate estate for the deceased driver. Probate is a legal process that handles the deceased’s outstanding debts, including those arising from a car accident.

Step 5: Determine Available Assets

Once the estate is in probate, it is crucial to determine the available assets. This can include the deceased driver’s insurance policies, personal assets, and other financial resources that may be used to compensate you for your injuries and damages.

Step 6: Negotiate or File a Lawsuit

If negotiations with the insurance companies and responsible parties are unsuccessful, the case may need to move on to litigation. An experienced personal injury lawyer can help you navigate the legal system, build a strong case, and represent your interests in court.

Step 7: Seek Legal Counsel

Navigating the legal aspects of a car accident claim against a deceased at-fault driver in New Mexico can be complex. It is strongly recommended that you seek the support of a personal injury lawyer who is knowledgeable about such cases. An experienced attorney can provide invaluable guidance, help you understand your rights, and confirm you receive the compensation you deserve.

Secure Compensation from a Deceased At-Fault Party in New Mexico

No one should have to endure financial hardships due to someone else’s actions. Our compassionate and aggressive team of lawyers is here to help and will be by your side every step of the way. 

Schedule a free review of your car accident case with a Dominguez Law attorney today. Call (505) 850-5854 or fill out and submit our contact form for more information about your legal options. We also speak Spanish.