by Guest » Tue Jan 03, 2012 01:12 am
After a couple of very very low ball offers I decided to take case to trial. There has not been a court date set yet and just found out the at fault driver (age 85) died in November. Any input on how his demise will affect my case or possibly motivating his insurance provider to settle before a trial date is set?
Posted: Tue Jan 03, 2012 01:39 am Post Subject:
Death of a defendant in a tort case has no effect on the matter as far as trial or the insurance company's attitude toward you. The case will proceed and the claim will be paid by the insurance company up to the policy limits if you are successful. Any amount in excess of the insurance coverage is a direct claim against the estate of the decedent.
If the estate is in probate, you should file a claim pending the outcome of your civil case. It will stay the closing of probate until your matter is adjudicated. Otherwise estate assets could be liquidated leaving nothing for you to claim if necessary. You would have no claims against the beneficiaries of the estate. Protect your interest ASAP! If you lose at trial, the claim against the estate also vanishes.
Add your comment