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If the At-Fault Driver Died in the Accident, Can I Still File a Claim?

Our St. Louis fatal car accident lawyers are prepared to help you navigate the complex process of recovering the compensation you need from a deceased at-fault driver’s insurance company.

When the driver responsible for a crash dies in the accident, the injured victim will likely have questions about how to file a claim and how that claim may be affected by the other driver’s death. Car accident claims are often complicated. This is especially true for claims against a deceased driver.

Our St. Louis fatal car accident lawyers are prepared to help you navigate the complex process of recovering the compensation you need from a deceased at-fault driver’s insurance company. The consultation is free, and we do not charge you anything unless we recover compensation.

Can You Still File a Claim?

Car accident claims determine whether someone else was directly responsible for the crash. Therefore, whether the at-fault driver lived after the accident is not typically relevant to the validity of your claim. So, even if they died, you can recover compensation for your injuries and damages.

Missouri is an at-fault state for car accidents. This means that every driver is required by law to carry liability insurance. When that driver causes an accident, the injured party may file a compensation claim with the liable party’s insurance company.

This process occurs between the liable insurance company and the injured victim, generally through their lawyer. Therefore, the fact that the at-fault driver died is not likely to affect your compensation claim. This may present a problem if the insurance company refuses to offer a settlement that meets your demands. In this situation, a lawsuit may be necessary.

Filing a Lawsuit Against a Deceased Driver

Despite having the appropriate evidence to prove your claim, the insurance company may find a way to deny your claim. Therefore, filing a lawsuit against the insurance company may be required. In other cases, filing a lawsuit against the deceased estate may be necessary. This can make your case more complicated. Their insurance company would still defend the case and be the one that pays compensation, so long as there is enough insurance to cover those costs.

St. Louis Fatal Car Accident Lawyers

If you are the victim of a car accident where the at-fault driver died, we can help with your car accident claim. Don’t talk to an insurance claims adjuster before speaking with The Hoffmann Law Firm, L.L.C. We can help you avoid making statements that may affect the outcome of your case. The consultation is free; you don’t pay unless we get you money!

Updated: August 12, 2022