Imagine meeting with an accident due to another person's negligence and then finding out that the person is dead. So what happens now?
Most car accident claims involve insurance companies, so you may not have to directly deal with the at-fault driver. But in some cases when the extent of the damage may cross your insurance coverage. Even worse are situations where the negligent party has passed in the crash. In such cases, it is best to have a Tampa Car Accident Lawyer by your side to be better aware of your legal options.
No-fault state
A lawsuit after a car accident is needed when the accident parties cannot arrive at a settlement. In some cases, when the insurance company acts in bad faith and rejects the claim, your attorney can dispute it. However, you may want to note that Florida is a no-fault state. A no-fault state requires accident victims first to seek compensation from the personal injury protection coverage - a part of their car insurance policy. PIP coverage can also be used even if you are at fault for the accident. When your PIP coverage runs out, you can claim against the opposite party even if they passed due to the accident. For instance, if your injuries were caused by a negligent drunk driver who passed away in the crash, you may be able to win a claim against the other person's insurance policy. If the other party does not have insurance, you may still be able to file a lawsuit in a court of law.
The probate court proceedings
The probate court handles the assets, debts, and insurance claims search of a deceased person. These courts function to ensure the deceased's creditors are paid for any loans they may owe. If you claim compensation against the deceased's insurance coverage, you have nine months to file a claim against the disease in a state in the probate court.
Probate claims divide the Assets of the deceased. Once you submit your claim, the probate court judge will allocate and divide the assets of the deceased person in the following order:
- Funeral expenses
- Cost and expenses of administration
- Debts and Taxes with a reference under federal law
- Medical and hospital expenses
- All other claims
It will be in your best interest to hire a Tampa car accident lawyer who can make legal proceedings easier for you in the probate court and against your car insurance company.