How to File a Car Accident Claim Against a Deceased Driver in Georgia

If you were involved in a car accident in Georgia where the at-fault driver has since passed away, you may still have legal options to seek compensation. However, instead of pursuing a claim directly against the individual, you will likely need to file against their estate or their insurance company. This process involves Georgia’s probate laws, personal injury statutes, and procedural rules for civil claims. Below is a comprehensive guide on how to proceed, along with references to the Official Code of Georgia Annotated (O.C.G.A.).

1. Filing a Claim Against the Deceased Driver’s Insurance

Under Georgia law, an insurance policy remains valid even after the policyholder’s death, meaning you can file a claim against the at-fault driver’s insurer. O.C.G.A. § 33-24-12 states that an insurance contract does not immediately terminate upon the death of the insured. Instead, coverage extends to incidents that occurred while the policy was active.

Steps to File an Insurance Claim:

1. Identify the Insurance Provider: Obtain a copy of the accident report (O.C.G.A. § 40-9-31) to determine the at-fault driver’s insurance information.
2. Notify the Insurance Company: Contact the insurer to report the claim. You will need documentation such as medical records, repair estimates, and any police reports.
3. Negotiate a Settlement: If the insurer accepts liability, they may offer a settlement for your damages. If they deny the claim, you may need to pursue further legal action.

2. Filing a Claim Against the Estate

If the at-fault driver’s insurance policy does not cover all damages, or if their insurer denies liability, you may need to seek compensation through the deceased driver’s estate. Under O.C.G.A. § 53-7-41, creditors—including accident victims—may file claims against a deceased person’s estate.

Steps to File Against an Estate:

1. Determine if an Estate Exists: Check with the probate court in the county where the deceased resided to see if an estate has been opened.
2. File a Creditor’s Claim: Under O.C.G.A. § 53-7-42, creditors must present claims within six months of the estate administrator’s appointment.
3. Pursue Legal Action if Necessary: If the estate refuses to pay your claim, you may need to file a lawsuit against the estate’s representative.

3. Filing a Lawsuit Against the Estate

If negotiations with the insurance company or estate administrator fail, you can file a lawsuit. However, instead of naming the deceased driver as the defendant, you must name their estate. Under O.C.G.A. § 9-2-41, legal actions can be initiated against an estate’s executor or administrator.

Steps to File a Lawsuit:

1. Identify the Proper Defendant: The defendant should be listed as “Estate of [Deceased Driver’s Name],” with the executor or administrator named as the legal representative.
2. File in the Correct Court: If your damages exceed $15,000, file in the Superior Court (O.C.G.A. § 15-6-3). Otherwise, file in State Court or Magistrate Court (for claims under $15,000).
3. Follow Georgia’s Civil Procedure Rules: Serve the estate representative with a lawsuit notice in compliance with O.C.G.A. § 9-11-4.
4. Proceed Through Litigation: If a settlement cannot be reached, the case may go to trial, where you will present evidence proving the deceased driver’s negligence (O.C.G.A. § 51-1-6).

4. Alternative Compensation: Uninsured/Underinsured Motorist (UM/UIM) Coverage

If the at-fault driver was uninsured or their estate lacks sufficient funds, you may be able to recover compensation through your own UM/UIM policy under O.C.G.A. § 33-7-11.

How to File a UM/UIM Claim:

1. Check Your Insurance Policy: Ensure your policy includes UM/UIM coverage.
2. File a Claim with Your Insurer: Provide documentation of the accident, medical expenses, and the deceased driver’s lack of coverage.
3. Negotiate a Settlement: Your insurer may offer compensation, or you may need to proceed with arbitration or litigation.

5. Statute of Limitations for Filing a Claim

Under Georgia law, personal injury claims must generally be filed within two years from the accident date (O.C.G.A. § 9-3-33). However, if you are filing against an estate, the timeline may be extended under probate rules (O.C.G.A. § 9-3-92).

Exceptions to the Statute of Limitations:

• If the estate has not been opened, the statute may be tolled (paused) until a representative is appointed.
• If the at-fault driver died as a result of the accident, the timeline might shift based on probate proceedings.

6. The Importance of Legal Assistance

Due to the complexity of filing a claim against a deceased driver’s estate, seeking legal guidance is highly recommended. A Georgia car accident attorney can help:

• Investigate insurance and estate options.
• Ensure compliance with probate and personal injury laws (O.C.G.A. Title 51 & Title 53).
• Represent you in settlement negotiations or court proceedings.

Although pursuing a claim against a deceased driver presents unique challenges, Georgia law provides clear avenues for victims to recover damages. Whether through the driver’s insurance, their estate, or your UM/UIM coverage, you have options to seek compensation for medical bills, lost wages, and other damages. Given the legal complexities involved, consulting a personal injury attorney, like Kevin Patrick, can ensure that your claim is properly handled and maximizes your potential recovery.