Home » Blog » What if the at-fault Party Was Also Killed in the Accident in California?
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Last Modified on Oct 26, 2026
If the driver who caused your loved one’s death also died in the collision, you may be wondering what to do next and if you even have a case. You may have a case, and your next steps matter.
Your legal right to compensation does not disappear when the at-fault driver dies. You may file a claim against the deceased driver’s estate. The path just looks different, and the attorneys at Bentley & More LLP can walk you through the steps for your situation.
Key Takeaways
- Your right to sue survives the at-fault driver’s death.
- Claims proceed against the driver’s estate, not the driver personally.
- You generally must file your lawsuit within one year of the driver’s death, though a claim limited to insurance may have more time.
- If the at-fault driver had auto liability insurance, that policy remains available because the insurer’s obligation survives the policyholder’s death.
- If the estate has few or no assets and insurance is insufficient, your own uninsured or underinsured motorist coverage may provide additional recovery.
Missing the shortened filing window is a common way a valid claim gets shut down before it reaches court. A consultation with a personal injury attorney costs nothing and is often the fastest way to find out which deadline applies to your case.
Can You Still Sue When the At-Fault Driver Has Died?
Yes. A survival action addresses harm your loved one personally experienced before death, pursued by your loved one’s estate under Cal. Civ. Proc. Code § 377.30.
A wrongful death action may separately be asserted by your loved one’s surviving spouse, domestic partner, children, or other qualifying survivors under Cal. Civ. Proc. Code § 377.60. Both name the at-fault driver’s estate as the defendant instead of the driver. Because catastrophic head-on crashes and multi-vehicle impacts frequently stem from severe motor vehicle collisions, identifying all applicable auto policies is essential to funding a recovery.
How the Estate and the Driver’s Insurance Fit Together
Naming an “estate” as a defendant sounds like it requires full probate, but most crash claims never get that complicated. A lawsuit to establish liability covered by insurance may be started against the estate without joining a personal representative. n collisions involving commercial drivers or an on-duty rideshare vehicle, corporate supplemental policies provide substantial coverage beyond the decedent driver’s personal policy limits.
The lawsuit is captioned against the estate, with the summons served on a person designated by the insurer or on the insurer itself.
What Deadlines Apply After the At-Fault Driver Dies?
Most California personal injury and wrongful death claims carry a two-year deadline under Cal. Civ. Proc. Code § 335.1. That clock changes once the at-fault party dies.
- Any lawsuit against a person who has died is barred one year after the date of death under Cal. Civ. Proc. Code § 366.2, regardless of time left on the original clock.
- If probate opens, a creditor’s claim must be filed by the later of four months after the court issues letters to a personal representative, or sixty days after notice of administration is mailed.
- If the limitations period hadn’t yet expired at death, an insurance-only claim may be filed within one year after that original deadline would have expired.
Because these deadlines run on separate tracks, identifying which one controls your case early keeps a legitimate claim alive.
Frequently Asked Questions
What happens if the at-fault driver’s estate has no assets?
You may still recover from the at-fault driver’s insurance policy. When the at-fault driver’s policy limits fall short of medical costs and lost wages, your loved one’s uninsured or underinsured motorist coverage may make up the difference.
Do I still need to go through probate court to file a claim?
Not always. When you’re only seeking insurance proceeds, California law lets you sue the “estate” by name and serve the insurer directly, without opening full probate. Full probate becomes necessary mainly when you need to reach the driver’s personal assets beyond policy limits.
How long do I have to file if the at-fault driver died in the crash?
Generally one year from the date of death, shorter than the standard two-year window. A claim limited to insurance may be filed up to one year after the two-year window would have ended. Confirm the filing deadline as soon as possible after the crash because this deadline can run out while you are grieving.
Bentley & More LLP: A California Personal Injury Law Firm
Finding out that the person who caused the crash also died adds a legal complication. Our attorneys have handled wrongful death and catastrophic injury cases across Orange, Riverside, and San Bernardino Counties, and we know how to move quickly when a deadline is already running. A consultation costs nothing, and it can tell you exactly where your case stands. Contact us to learn more.
About the author: Greg Bentley
Co-Founder & Trial Lawyer at Bentley & More LLP
Greg Bentley is Co-Founder of Bentley & More LLP in Newport Beach, California. With 36 years of experience, he represents plaintiffs in personal injury, wrongful death, product liability, insurance bad faith, dangerous road and property conditions, and construction-site failure cases. Admitted to the State Bar of California, Greg earned his J.D. from Western State University College of Law in 1990. He is a member of several invitation-only trial organizations, including the American College of Trial Lawyers and the International Academy of Trial Lawyers, and is active in multiple statewide and regional trial lawyer associations.
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