Consider the circumstance where an at-fault driver negligently collides with an innocent driver, but the at-fault driver dies.
Perhaps there is even evidence that the at-fault driver committed a crime in the process.
How can the victim be compensated, given that the at-fault driver is dead? Can the dead, at-fault driver still be charged? Can they still be sued?
Dead people can't be charged with crimes.
The estates of dead people can be sued for personal injuries that they caused during their life. The executor of the estate defends the lawsuit. If no estate is opened, the injured person can directly sue the insurance company for the deceased person in most jurisdictions.
Lawyers in the U.S. are generally willing to take cases of people injured in these situations on a contingency basis if the deceased person either has insurance or has significant assets.
The lifetime care needs of anyone injured in a motor vehicle accident are covered by the state or territory compulsory third-party personal injury policy, commonly called a green slip, because they’re green.
This is not insurance but rather a state-run no-fault compensation scheme.
Ontario's Trustee Act allows for an action to be brought against the estate. See s. 38(2):
Except in cases of libel and slander, if a deceased person committed or is by law liable for a wrong to another in respect of his or her person or to another person’s property, the person wronged may maintain an action against the executor or administrator of the person who committed or is by law liable for the wrong
Other provinces are similar.
In situations like this, the at-fault driver's passing doesn't prevent a victim from pursuing compensation. Generally, the claim can proceed through the at-fault driver's insurance policy, which is meant to cover damages caused by their negligence. If the insurance limits are insufficient, you may be able to file a claim against the deceased's estate. Criminal charges wouldnt apply since the person has passed, but civil actions can still move forward to recover damages.
