My client was in a really bad car wreck a few days ago. He has severe injuries because an old woman pulled right out in front of him. He could not avoid the collision and broadsided her. His F350 truck plowed into the driver’s side of her Toyota Camry and she was killed. He won’t be able to do his job for a while and his truck was totaled. He has claims for injuries, medical bills, and lost income. To make everything right she would have to pay him a lot of money.
So if she is dead how can he make a claim against her?
He can’t. But, he is deemed to be a creditor and has a claim against her “estate.” An “estate” is a fictional entity under the law. It is set up by filing paperwork with the local probate court. The court will appoint an executor. It is a substitute for her and stands in her shoes. An estate will be necessary to clean up the affairs of the dead person, which includes payment of any debts she owes and then distribution of her remaining assets to her beneficiaries. Of course her estate may not have anything but an insurance policy. So, as his lawyer I will file a claim against her estate for the injury claim. This is necessary so her insurance company will pay for damages she owes. If no executor is appointed my client can open the estate and file a claim against the estate.
If she had no insurance what next? Then I will check to see if my client has any uninsured motorists insurance. If so, we will make a claim against his own insurance to pay for his damages.
The details of this tragic story were reported at Flagerlive.com, and can be read here.