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TexLaw
TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I was hit in the back while stopped at a stoplight while taking

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I was hit in the back while stopped at a stoplight while taking my son to school. The lady had a heart attack and died. Her insurance company is saying that it was an "act of god", and are not wanting to pay. I have also heard that she may have had a medical condition. Should I go after her estate or the insurance company? Thank you.
Hi,

Thank you for your question.

Cases where an accident is caused by a driver having a heart attack often are very difficult to win. Nevertheless, if you show that the woman had a heart condition which placed her at risk when driving, then you can show negligence.

If the insurance company is refusing to pay out the claim, it would be necessary for you to sue the lady's estate.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
TexLaw and 8 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

How would I go about getting her medical records? Thank you.

The only way you can get ahold of her medical records is to sue her and obtain the right to subpoena her medical records through the lawsuit.
TexLaw and 8 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

Should I go after her estate or her husband? All I want is the money that I had to pay to get my car fixed and my chiropractor bills.


 

You need to go after her estate. Her husband is not liable on the claim.
Customer: replied 3 years ago.

How long would it take for her husband to change her estate into his estate? How would I go after her estate through small claims. How do I sue someone if they are deceased?


 

How long it takes for the estate to go through probate (if it goes through it at all) depends entirely on the individual circumstances of the case.

If it did not go through probate and there was no court administration (and thus no estate), then you would go ahead and sue the husband directly in small claims as the successor in interest to the estate of the woman.

So, what you need to do first is find out whether or not there's a probate proceeding (and if so, who the personal representative is) by checking probate court records in the county where the defendant lived at the time of death. If you miss the deadline, a late claim may be allowed up to one year from the date of death.


You make your claim by submitting a regular bill or by using a court document called a Creditor's Claim (Form DE-172, available at www.courtinfo.ca.gov). Submit your claim directly to the probate court and serve a copy on the personal representative. If you file a formal claim and the personal representative rejects it, you can file suit against the estate within three months of the rejection.

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