How to Proceed When a Negligent Defendant Dies
Imagine this: You get rear-ended or sideswiped by a negligent driver, but he or she dies before you can collect your damages. How does the death of a negligent defendant affect a personal injury or wrongful death case?As a Los Angeles personal injury and wrongful death lawyer, I can tell you that this scenario is not as farfetched as you might think. In fact, it happens enough that California law provides a roadmap how to proceed in cases when a negligent car accident defendant dies before the case is settled or tried.The California Probate Code is where the answers to this pressing issue can be found.Section 550 of the Probate Code states that an action to determine the liability of the decedent where that person maintained insurance may be initiated against the decedent's estate. (A "decedent" is a fancy term describing someone who died.) Section 552 states that where the decedent was covered by insurance for the loss, a plaintiff may name as the defendant "the estate of so and so" and serve the insurance company that insured the decedent for the loss.How much time does a plaintiff have to sue the estate of the deceased negligent driver? Ordinarily, California has a two year statute of limitations. But when the defendant is the deceased driver's estate, the Probate Code adds an extra year to the timeline. So, for example, if a car crash occurred on January 1, 2019, under Probate Code Section 552, the statute of limitations would expire on January 1, 2022.This discussion applies when the deceased negligent driver maintained insurance and the plaintiff intends to collect against the estate within those insurance policy limits. Other rules that are not discussed here apply when the plaintiff is attempting to collect beyond the insurance policy limits from the decedent's estate.As you can tell, the rules for suing a deceased defendant are complicated, and an attorney knowledgeable with these rules should be consulted as soon as possible.For questions about your personal injury or wrongful death case, the Rabbi Lawyer is ready to assist, 24/6.
