Legal Question in Personal Injury in Virginia

Re: Desperate

You can recover if you can show that someone else was negligent and you were not. That means that if the other driver got into the accident because he had a heart attack (and was not, for example, negligent in driving knowing that a heart attack was imminent, which would be hard to prove), you cannot recover from his insurance; but if he drove negligently and had a heart attack as a result of the accident, you could proceed against his estate and his insurance. See an experienced personal injury lawyer immediately.

Re: Desperate

The estate of the person responsible for the accident (and thereby the auto liability policy of the decedent) will remain liable to you and you may proceed with your claim against them.