exidental claim

You are not coming out with full facts.  Whenever there is an accident, resulting in death, there must be a complaint in jurisdictional Police Station, FIR, Medico Legal records, investigation etc by Police.   The police after investigating the case should find out as to whether rash and negligent driving resulted in death or not and they have to file the case.

Consult a local lawyer with complete facts as  in the absence of all details it is not possible to give a concrete opinion.

The facts posted are less than convincing and the issue misconceived.