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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 41220
Experience:  I provide basic personal injury advice to my clients in my own practice.
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My child and I was seriously injured in car accident after

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My child and I was seriously injured in car accident after being rear ended by a truck and pushed into another truck in 2011. Insurance companies was involved. I had previously hired my family attorney and when things were moving along too slowly I hired and accident and injury attorney. Now weeks away from my claim that I thought I was getting, I recieved a letter in the mail from an MD with a bill due to the case being thrown out because the driver who caused accident is deceased. I live in Alabama and he lived in Ohio. The insurance company of the deceased already claimed the accident was the fault of their client. How do I reopen this with an appeal to pay medical bills and get the insurance company to compensate for injuries that my child and I now sustain?

Thank you for your question. Please permit me to assist you with your concerns.

I am genuinely sorry to hear that you and your child were injured and I hope that you were able to recover. Do you still have your attorney who will represent you, or will you represent yourself? Do you know if the deceased left behind an estate? I am not sure you need a probate attorney, your personal injury attorney can simply file against the estate of the deceased and add the insurance company as a co-defendant. Generally the state where the accident took place is considered the main and primary jurisdiction for this claim although you can file suit directly in the state where the deceased and his estate exists. You would only need a probate attorney if they never opened probate when he passed away, as you would then need to petition the local courts to open the estate so you could file suit against them. Just please be aware that if he passed and they listed his passing, there is generally a 6 month statute of limitations on filing against the estate for the debt. I am just concerned that you may well be beyond the statutory period if he passed away for longer and they timely opened probate.

Good luck.

Dimitry K., Esq. and other Personal Injury Law Specialists are ready to help you
Customer: replied 3 years ago.

My attorney will not be assisting me. I believe that maybe he was paid off by the insurance company. Why won't the insurance company compensate since they acknowledged and assumed responsibility for the accident? And how can I continually hold them liable? The deceased did not have an estate open which is why I am looking into it.

Thank you for your follow-up, Deidre. I appreciate the additional details.

What I may suspect could be the reason for why the insurance company is refusing to move forward could be a situation based on these two factors. First, if the accident occurred in Alabama, the state has a 2 year statute of limitations from the date the injury occurred. If you are beyond those two years and did not file in a timely manner, then you may be unable to pursue this case further. The second option may be a bit of modification of the first, there is no estate and no client, the estate was not properly opened and since they do not represent the estate, the insurance company has no duty to extend coverage to it. Furthermore, as their client passed away with their obligations not assigned to anyone, they are no longer required to provide such coverage. These are guesses on my part as I do not know the situation, but that may be the underlying concern.

Good luck.

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