Can I Still Sue If the At-Fault Driver Died in the Crash?

 Posted on July 21, 2025 in Car Accidents

When serious car accidents happen, people often discuss the idea of seeking compensation for damages from the at-fault driver. However, what happens if the driver who caused the accident does not survive? If you were injured in a crash like this, you may wonder whether you still have options for seeking compensation.

Fortunately, in Illinois, you can still file a personal injury claim even if the negligent driver died in the accident. These cases are more complex, but that does not make them any less valid. The other driver’s death does not mean you no longer have to worry about your medical bills, lost income, or pain and suffering. If you need help navigating this complicated process, speak with a qualified Lake County, IL car accident lawyer for guidance.

How Do You File a Claim If the At-Fault Driver Has Died?

When the person who caused your injuries has died, your claim will generally be filed against their estate. If the at-fault driver had auto insurance, their insurer may still be responsible for paying your damages, up to the limits of their policy. The estate handles any legal claims and must respond to lawsuits, just as the driver would have during their lifetime.

If the driver’s estate has already gone through probate, your lawyer may need to take additional steps to reopen the estate or file a claim in a limited timeframe. These situations require careful legal handling to preserve your rights and make it all the more important to act quickly. 

Will the Deceased Driver’s Insurance Still Cover the Claim?

In most cases, a driver’s liability insurance policy does not end when they pass away. If the policy was in effect at the time of the crash, it should still provide coverage for injuries caused by that driver’s negligence. However, insurance companies may try to delay or dispute claims in these situations, especially if there are questions about fault or policy limits.

What If You Lost a Loved One and the At-Fault Driver Also Died?

These cases are particularly complex and emotional. If your family member was killed in the crash and the other driver also died, you may still be able to pursue a wrongful death claim against the deceased driver’s estate. You can also file a survival action on behalf of your loved one’s estate to recover damages for pain and suffering they experienced before death.

Illinois law allows families to seek compensation for funeral costs, loss of companionship, and other economic and emotional damages in these cases. Whether the responsible party is alive or deceased does not eliminate your right to accountability. However, keep in mind that the statute of limitations for personal injury cases is typically two years and there may be shorter timelines if estate proceedings are involved, so make sure to start working with a reputable lawyer as soon as possible.

Contact a Barrington, IL Car Accident Attorney

If you were injured in a crash caused by a driver who did not survive, you still have legal options. Contact a Lake County, IL personal injury lawyer at Barrington Injury Attorneys for a free consultation. We will guide you through every step of your case. Call us today at 224-900-HURT to get started.