Your claim survives. The at-fault driver’s liability insurance still applies, and any claim beyond it runs against the driver’s estate. Texas suspends the two-year deadline for 12 months after the death, and claims against an estate follow probate rules with their own short deadlines.
A crash that kills the driver who caused it does not end the injured person’s right to recover. In most cases the claim is handled exactly as it would have been: through the driver’s auto liability insurer, which still owes a defense and payment up to its limits for the covered driver’s negligence.
When suit is needed, the defendant becomes the driver’s estate, represented by its executor or administrator. Civil Practice and Remedies Code section 16.062 suspends the running of limitations for 12 months after the death of a person against whom a claim exists, which gives time to identify who represents the estate. Do not rely on the extra time without advice, because probate deadlines can be shorter.
Claims against an estate for money beyond insurance follow the Estates Code. A claim may be presented to the personal representative before the estate closes if it is not barred by limitations under section 355.001. If the representative rejects it, section 355.064 requires suit within 90 days of the rejection. If the representative sends a permitted notice to an unsecured creditor, section 355.060 can bar a claim not presented within 120 days of receipt.
Other parties may still be responsible. If the driver was working, the employer may be liable for the crash. If the driver was using someone else’s car, the owner’s policy may cover permissive use. Your own underinsured motorist coverage remains available if the limits are too low.
Insurers sometimes slow down after the death of their insured while the family deals with the estate. That delay should not become your delay. Your medical care, documentation, and claim notice should continue, and your own personal injury protection coverage can pay medical bills and lost income while the estate issues are sorted out.
Owsley Law Firm handles claims involving deceased drivers and their estates and charges no fee unless it wins.
What to do, step by step
- Notify the at-fault driver’s insurer of your claim.
- Identify the estate’s personal representative.
- Track the 12-month suspension under section 16.062.
- Present any claim to the estate within the Estates Code deadlines.
- Check employer and vehicle owner coverage.
If no one opens an estate, the injured person may need to take steps to have a representative appointed so the claim can proceed. That is a probate question and should be handled by a lawyer.
If the crash also killed someone in your family, wrongful death and survival claims follow their own rules under Chapter 71 of the Civil Practice and Remedies Code.
A fatal crash is also investigated more thoroughly by police, often with reconstruction and toxicology. Those records can be valuable in proving fault and should be requested once available.
Mistakes that cost people money
- Assuming the claim died with the driver.
- Missing the probate deadline after a rejection.
- Overlooking the employer or vehicle owner.
- Waiting past the extended deadline.
Related questions
Does the insurance still pay if the driver died?
Yes. The liability policy still covers the driver’s negligence up to its limits.
Who do I sue if the driver is dead?
The estate, through its executor or administrator. The insurer usually still provides the defense.
Does the deadline change?
Section 16.062 suspends limitations for 12 months after the death, but probate deadlines can be shorter, so act promptly.
What if the driver had no insurance?
A claim may still be presented to the estate if it has assets, and your own uninsured motorist coverage may apply.
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