What if the Driver Who Crashed Into Me Died?

 Posted on September 19, 2025 in Car Accidents

Being in a car accident is scary, no matter how serious it is. In the moments that follow, you may be focused on the shock of the impact, the pain of your injuries, and the fear of what comes next.

As the days pass, you begin to piece together what happened and might feel some relief when it becomes clear that the other driver was at fault. Not only are you not to blame, but this other person will likely need to cover the costs of your injuries and car damage.

That relief can quickly turn into confusion if you learn the at-fault driver has died, whether at the scene of the crash or afterward. Will you be left to pay for something you did not do? How can you file a personal injury claim if the driver is no longer alive? If you are in this situation, a Grundy County, IL car accident lawyer can walk you through your options.

Does Liability End if the At-Fault Driver Has Died?

Liability does not disappear when a negligent driver dies. In Illinois, the driver’s estate can still be held responsible for the harm they caused. Instead of suing the driver directly, your attorney would file a claim against the estate.

The Illinois Wrongful Death Act, 740 ILCS 180/, and the Illinois Survival Act, 755 ILCS 5/27-6, allow claims to continue after a party has died. Wrongful death and survival actions are usually used by families after someone has died. But if you survived the crash, your right to bring a personal injury claim does not go away. The Survival Act ensures you can still seek damages from the at-fault driver’s estate.

It is important to understand that compensation typically comes from insurance. Even if the at-fault driver has died, their auto insurance policy remains in effect for the accident. In many cases, your recovery will be paid by the insurance company rather than directly from the estate’s assets.

When someone dies, their estate typically goes through probate in the county where they lived. A personal representative is appointed to handle assets and debts. Your lawyer can file a claim in this process so your damages are considered.

What Damages Can You Recover?

Even though it may seem more complicated to file a claim against someone who has died, you are still entitled to pursue the same types of damages as in any other personal injury claim. These include:

• Medical expenses

• Lost wages or reduced earning ability

• Pain and suffering

• Vehicle repair or replacement

If the crash caused another person’s death, a wrongful death claim may also be filed against the estate for this as well.

Contact a Grundy County, IL Car Crash Injury Lawyer

If you were injured in a crash caused by a driver who died, contact a Morris, IL personal injury attorney at Carlson Law Group, P.C. Call 815-710-3700 to schedule a free consultation. Our team will fight for the compensation you deserve.