Can I Sue if the At Fault Driver Dies in the Car Crash in New Mexico ?


July 29, 2022

 by Caruso Law Offices, P.C. | 

Understanding Your Rights After a Car Crash in New Mexico When the Defendant Dies in a Crash

Trying to seek compensation after being injured in a car accident can be difficult and confusing. When you’re injured in a car wreck, your initial focus is often on recovery, but as you recover you may begin to think about the financial implications of your crash, both in the long-term and short-term. While even the most straight-forward of car accident cases can be difficult to seek compensation, if the at-fault driver dies in the car crash it can make seeking compensation even more difficult. Our experienced auto accident lawyers understand how difficult it can be to seek compensation when the at-fault driver dies in the car wreck, and are prepared to help you seek the compensation that you deserve for your injuries. If you were involved in a car crash in New Mexico, learn how our team can help you.

Here at the Caruso Law Offices, P.C., our experienced Albuquerque auto accident lawyers can help victims and their families recover compensation against any type of defendant. Whether it is an individual, business, government entity, or even an estate of the defendant who caused your injuries. Our team of dedicated and experienced lawyers can recover those damages for you to ensure that your rights to compensation are protected. If you or a loved one were seriously injured in any type of motor vehicle accident in New Mexico, learn how we can help you and your family during a FREE consultation with our bodily injury law firm.

Is the Deceased Driver Always At-Fault?

If the other driver passes away in the crash, it does not necessarily meant that they were at fault and there is a possibility that the surviving driver was at-fault for the crash. Even if you were not responsible for the crash, the family members of the deceased driver may try to blame you for the accident. This is why you should work with an experienced car accident attorney who can help you prove liability against the other driver and help you recover compensation for your injuries. Because even if a car crash in New Mexico is caused by the defendant, that driver’s family will likely try to blame you for the car crash in New Mexico.

How to Seek Compensation for Your Injuries

If the at-fault driver dies in the accident, it can make it a bit complex, but it is not impossible. Most of the time, as long as the at-fault driver had an insurance policy you should be able to seek compensation from the at-fault driver’s insurance company. The reason for this is that the policy should still be in effect even if the driver is deceased because the driver was alive at the time of the accident.

If your damages are greater than the at-fault driver’s liability insurance, you may have to file a claim with your own car insurance under the underinsured motorist coverage (UIM). This may allow you to cover the gap between the at-fault driver’s insurance and the total cost of your damages. In certain circumstances, uninsured motorist coverage can run out. In instances like these, you may be able to file a claim with the help of your attorney against the deceased’s estate for compensation.

Damages for Your Injuries

If you were injured in a car accident and the at-fault driver is deceased, you may seek damages for your injuries in the form of compensation. Some of the most common damages accident victims seek include the following:

  • Physical pain and suffering
  • Emotional pain and suffering
  • Medical bills
  • Assistive devices
  • Rehabilitation therapy
  • Lost wages
  • Lost future earnings
  • Home and vehicle modifications
  • Other damages that you may file for depending on your injuries

Injured in a Car Crash in New Mexico but the Defendant Passed Away? Call Our Law Firm for Help

We understand that you and your family may feel uneasy if a defendant who caused your personal injuries has passed away in a crash. Many people are unsure if they can legally file a lawsuit and many people are ethically unsure whether they should. Some people do not want to add “insult to injury” when a family loses a person — even if that person caused your serious injuries.

This is why having an experienced Albuquerque auto accident lawyer like ours is important. We know how to handle these types of cases with compassion and great skill. We will fight to protect your rights to compensation, while also fairly litigating a case against the estate who lost a loved one. To learn more, please call (505) 384-7865 to schedule a FREE consultation with our lawyers who handle cases involving a car crash in New Mexico.

We handle trucking accident cases in Inland Empire and San Bernardino County, California, as well as all other types of motor vehicle accidents throughout New Mexico, including Las Cruces, Santa Fe, Roswell, Cuervo, Rio Rancho, Clovis, Farmington, Hobbs, Albuquerque where our office is located, and anywhere else throughout New Mexico. Our second trucking accident office in California serves those in Inland Empire County and San Bernardino County, as well as those who have been catastrophically injured or wrongfully killed through California. Please call to schedule for FREE appointment by dialing (505) 384-7865 or contact us through our website’s easy to use and convenient contact box available here.

free consultation

Please fill out this form and send it and we will quickly reach back out to you with answers.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Call to arrange a no-pressure confidential and FREE consultation with an experienced New Mexico personal injury attorney

Nothing can financially and emotionally prepare us for the injuries and suffering after a severe accident. Feeling overwhelmed, confused, and powerless in such a situation is normal, particularly if you are undergoing treatment.

Our New Mexico truck accident attorneys are aggressive, result-focused advocates for injured victims. Your free consultation is always with an attorney, not a paralegal. We handle truck accident cases throughout the entire state of New Mexico and all pueblos and reservations in New Mexico.

Get a free consultation by phone, at our office, your home, the hospital or other location. We travel the state representing clients, so we can meet you anywhere in New Mexico


Learn more about how our dedication to results can benefit you. Start with a free initial consultation.
California Ontario Albuquerque Alamogordo Belen Bernalillo Carlsbad Cibola County Clovis Deming Farmington Gallup Grants Hobbs Las Cruces Las Vegas Los Lunas Lovington Moriarty Rio Rancho Roswell Sandoval County Santa Fe Silver City Torrance County Valencia
map of united states

Copyright © 2024 Caruso Law Offices, P.C. | All Rights Reserved | Privacy Policy | Terms & Conditions

Powered by:
epic web results