Can I file a wrongful death claim if the at-fault driver is uninsured?

On Behalf of | Jul 19, 2024 | Wrongful Death Auto Accidents |

Losing a loved one is always difficult. When your loss results from someone else’s negligence, the pain can cut deeper. Families in these situations often face not only grief but also financial burdens and legal complexities. This is especially true in accidents involving an uninsured driver.

How common are uninsured drivers on the road?

When accidents occur, an insurance policy can provide a safety net for all parties involved. However, not everyone follows the law requiring auto insurance. According to the Insurance Research Council, about one in seven drivers on U.S. roads are uninsured. This statistic raises concerns for those who find themselves in accidents with these drivers, particularly in cases of severe injury or death.

Alternative possibilities for wrongful death claims

In the unfortunate event of a fatal accident caused by an uninsured driver, families may wonder about their options for seeking justice and compensation. While the situation is challenging, it’s not without hope. Loved ones who are victims of wrongful death can still pursue claims despite the at-fault driver’s lack of insurance. Several avenues exist for such claims:

  • Uninsured motorist coverage: This optional coverage on your own policy can provide compensation in such scenarios.
  • Personal assets: If the uninsured driver has significant personal assets, these may be pursued through legal action.
  • Employer liability: If the uninsured driver was on the job during the accident, the court may hold the employer responsible.
  • Third-party liability: In some cases, other factors like road conditions or vehicle defects may have contributed to the accident. This may open up additional avenues for claims.

Dealing with the loss of a loved one is never easy. While understanding your rights is important, legal complexities can add to the burden. Each case is unique and the path forward often requires careful consideration of various factors. In such difficult times, seeking guidance from experienced professionals can provide clarity and support as you pursue justice for your loved one.