Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Nov 29, 2011

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Insurance Question from Amsden, OH

Asked on 11/29/2011

Is a claim affected when the insurance company’s client (who was at fault) passes away? I was involved in a car accident over a year ago that was caused by another driver. The auto claim is complete but I am dealing with the medical claim. The ball is in the other insurance company's court at this point and we are waiting to hear back from them. I found out that their client, who caused the accident, passed away over the weekend. Will that affect my claim? If so, how?

Answer given on December 01, 2011

If you have an automobile accident that is caused by another party, and their insurance is still in process of settling the claim, then there would be no effect on the claim if the other party should pass away. The claim is already working and submitted.Insurance companies will usually wait to settle medical claims in an automobile accident until all bills are submitted. The insurance company will not usually pay on an ongoing basis, since it does not allow them to fully adjust the claim for the injuries and to fully understand the total claim. If there are still ongoing medical issues, the adjuster will simply wait for all of the bills from you and your doctor, hospital or any other medical provider. If you have medical payments coverage under your auto insurance, you can submit for reimbursment under that policy, but you will have to repay your insurance company if you receive full payment from the other company.


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