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NYC Auto Accident Lawyers / Blog / Car Accident / The Driver Who Caused My Injuries Died: Can I Still Sue in the Bronx?

The Driver Who Caused My Injuries Died: Can I Still Sue in the Bronx?


If you have been injured by a car accident in the Bronx, it may be important for you to determine who is to blame. But what happens if the driver who caused the accident passed away? This can be challenging to process on a psychological level, and achieving closure may seem impossible. From a financial perspective, you might have various unresolved issues – including funeral costs, lost income, and unpaid medical bills. Can you still sue if the driver who caused the crash died?

Driver and Passenger Die After Causing Three Injuries in the Bronx 

Drivers often die after causing serious injuries to other motorists. In April of 2024, ABC News reported that a driver had lost control of their BMW before slamming into a Nissan Rogue. The BMW then struck a concrete pillar at high speed, and this impact killed both occupants.

Three women inside the Nissan were injured by the collision. To complicate matters even further, the driver of the Nissan was arrested on suspicion of DWI. Police have not revealed what caused the accident, or who might be to blame. But locals are well aware of how dangerous this particular intersection has become, and it has claimed numerous lives over the years. Authorities are trying to determine whether the crash was caused by the speed of the BMW, the intoxication of the Nissan driver, or both.

Can I Sue a Deceased Driver in New York?

 In New York, you can file an insurance claim against a deceased driver. No-fault insurance in New York should pay for your damages regardless of whether the driver who holds the policy survived. That being said, no-fault insurance only covers economic damages. If you have suffered a serious injury with non-economic damages (like PTSD, emotional distress, or disfigurement), a lawsuit may be more suitable.

Alternatively, you could file a personal injury lawsuit against the estate of the deceased driver. In other words, you could sue their surviving family members. Any assets the driver left behind could go toward paying your losses – including non-economic damages.

Note that the basic rules of an auto injury claim still apply. New York is a pure comparative negligence state, so you can file a claim even if you were partially responsible for your own crash. For example, you could potentially sue if you were injured by a speeding, negligent driver – even if you were intoxicated at the time of the accident.

Key Takeaways 

  • If the at-fault driver died, you can still file a claim against their insurance company
  • You can also sue their family – otherwise known as their “estate”
  • Wrongful death claims can cover missed wages, medical expenses, and funeral costs

Explore Your Legal Options Alongside a Bronx Auto Accident Lawyer 

While it may be possible to pursue compensation if the at-fault driver died, this situation can be complex. To discuss your legal options in more detail, you might want to consult with a qualified, experienced New York auto accident lawyer. Choose Cohan Law, PLLC to learn more – and confidently pursue the compensation your family needs.




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