Can a Passenger In a Car Accident File a Lawsuit?

In 2023, 200 passengers were killed in Illinois car accidents, along with thousands of injured passengers. This begs the question: can a passenger in a car accident file a lawsuit?

Yes, a passenger in a car accident can file claims against negligent motorists. Working with a skilled car accident attorney from Rosenfeld Injury Lawyers can ensure you claim compensation for serious injuries sustained in an auto accident. Contact us today for a free consultation about passenger claims. 

Can Injured Passengers Sue Multiple Parties for Damages After a Car Crash?

You can file a personal injury lawsuit against several parties due to the Joint Tortfeasor Contribution Act (740 ILCS 100/2). Potential liable parties include the following.

• At-Fault Party: You can sue the at-fault driver’s insurance for your medical treatment and lost wages.
• Other Drivers Involved: If there were multiple cars involved, then you can recover compensation from all the vehicle drivers.
• Vehicle Manufacturers: Accidents caused by faulty parts may hold the manufacturer liable.
• Liquor Stores: In Illinois, it’s sometimes possible to sue bars and restaurants for serving a driver they knew was intoxicated, as in Mohr v. Jilg. However, the dram shop law has a one-year statute of limitations, which is shorter than the personal injury statute (235 ILCS 5/6-21). 
• Municipalities: In some cases, it is not the driver’s fault but the city’s. For example, if the Chicago Public Works Department did not properly close off the road, this may make the city liable (10-20-020). Seeking compensation from a government is more challenging and requires an expert attorney. 

What If the Driver Who Caused the Motor Vehicle Accident Is a Friend or Family Member?

It’s understandable to be concerned about making a car accident claim against a friend or family member. However, a passenger injury lawsuit is against the negligent driver’s insurance policy, not the individual. You only need to pursue compensation from the individual if there is no available insurance coverage. 

There is a household exclusion for liability insurance claims (215 ILCS 5/143.01). In other words, if you were in a two-car accident in Illinois and your relative was driving your car, you can only file against your own insurance if you have MedPay. Illinois does not have Personal Injury Protection coverage because it is a comparative negligence (“at fault”) state (735 ILCS 5/2-1116). 

Does a Passenger’s Own Insurance Company Provide Coverage?

In most cases, you are covered by the driver’s car insurance policies. Every Illinois driver is required to have at least $25,000 in bodily injury coverage (625 ILCS 5/7-203).

However, Illinois motorists are also required to have uninsured motorist insurance (215 ILCS 5/143a-2). Some drivers also have underinsured motorist coverage, which will pay if the at-fault motorist’s insurance policy limits are too low. You might be able to make a claim with your personal auto insurance if you were seriously injured and the other person’s policy wasn’t enough.

Can Passengers Use Health Insurance to Cover Medical Bills?

Yes, your health insurance company is typically the first option to cover medical expenses in a car accident case. 

A personal injury lawyer will work with insurance companies on subrogation, meaning the health insurance agency is reimbursed by the auto insurance company for medical costs after you submit a claim with the appropriate agency. 

We handle this on behalf of the injured parties, meaning that you can focus on healing rather than managing paperwork. Keep track of your medical bills, including out-of-pocket expenses, so that we can accurately calculate your damages. 

What Damages Can a Passenger Recover in a Car Accident Claim?

Potential compensation for a car accident can include:

• Medical expenses
• Future medical expenses
• Lost income
• Out-of-pocket expenses like physical therapy
• Physical pain and suffering
• Emotional distress
• Loss of normal life

Working with an experienced car accident attorney gives you the best possible chance of securing full compensation. This is especially true if you suffered major injuries that will require extensive rehabilitation, like spinal injuries. 

How Does the Injury Claims Process Differ for Passengers?

A passenger injury claim is slightly different. Firstly, a passenger injured in an accident is almost always considered not at fault, meaning they do not have to prove they were not negligent. Instead, they only need to prove that they were in the vehicle at the time of the accident, that they suffered injuries related to the accident, and that one or more of the drivers was liable. 

They may need to claim from multiple insurance policies, particularly if it was a multi-vehicle accident. This process usually starts with their health insurance, if they have any, then moves to the driver or drivers’ liability coverage.

Illinois enables you to sue more than one party if necessary. For example, if both drivers were considered partially liable, then you can seek damages from both of them. You may also be able to secure damages from parties like bars if the other motorist was intoxicated. 

To substantiate their injury claim, a passenger will need their medical records, the police report, and evidence of another party’s liability, like surveillance footage and witness statements. 

Navigating the claims process can be challenging, especially for passengers, making it essential that you work with a skilled lawyer who can ensure you receive appropriate compensation. 

Let Us Help You Recover Maximum Compensation for Your Injuries

Being a passenger in a car accident can be stressful and confusing, especially when navigating policies and recovering from your injuries. 

Thankfully, Rosenfeld Injury Lawyers is here to represent passengers and ensure their claim is successful. We have secured over $450 million in settlements and verdicts over the past 25 years and are members of the American Association for Justice, representing our commitment to protecting victims.

We work on a contingency fee basis: no fees unless we win. Call us at (888) 424-5757 or use our online contact form to schedule your free consultation with an experienced personal injury lawyer.