Can A Passenger File A Lawsuit When Injured In An Accident?

Car accidents can have devastating consequences for passengers, leaving them with serious injuries, medical bills, and other damages. Many injured passengers wonder whether they have the right to file for compensation and, if so, how to proceed. In Illinois, passengers who sustain injuries due to another person’s negligence have the legal right to seek compensation for their losses. Understanding the legal process, liability considerations, and insurance coverage options can help injured passengers take the necessary steps to recover the compensation they deserve.

Understanding Passenger Rights In Illinois Auto Accidents

Passengers who are injured in an accident have legal rights similar to those of drivers. Under Illinois personal injury laws, passengers can file claims against any party responsible for their injuries, including the at-fault driver of the vehicle they were in, the driver of another vehicle involved, or even a third party whose negligence contributed to the accident.

Illinois follows a fault-based system when it comes to car accidents. This means that the person responsible for the accident is financially liable for the damages, including medical expenses, lost wages, pain and suffering, and other losses suffered by injured passengers.

Additionally, passengers can recover compensation through various avenues, including:

Filing a claim against the at-fault driver’s insurance policy
Filing a claim under the personal injury protection (PIP) or medical payments (MedPay) coverage of the vehicle they were in
Filing a claim with their own uninsured/underinsured motorist (UM/UIM) coverage if applicable

Determining Liability In Passenger Injury Claims

Liability in passenger injury claims depends on several factors, including the cause of the accident and the parties involved. Illinois law holds that passengers are almost never at fault for an accident, which makes their claims generally straightforward. However, determining which insurance policy to file a claim against can be complex.

Some common scenarios in which an injured passenger may seek compensation include:

The Driver Of The Vehicle Was At Fault – If the driver of the vehicle the passenger was in caused the accident, the passenger may file a claim against the driver’s insurance.
Another Driver Was At Fault – If another vehicle caused the accident, the passenger may file a claim against that driver’s insurance policy.
Multiple Vehicles Were Involved – In multi-vehicle collisions, liability may be shared among multiple drivers, and the passenger may need to file claims against multiple insurance policies.
Uninsured or Underinsured Motorist Situations – If the at-fault driver lacks insurance or has inadequate coverage, the passenger may be able to seek compensation through their own UM/UIM policy.

Steps Passengers Should Take After An Accident

To protect their legal rights and increase their chances of receiving fair compensation, injured passengers should take the following steps:

Seek Medical Attention Immediately – Even if injuries seem minor, getting a medical evaluation is essential for documentation and health reasons.
Gather Evidence At The Scene – If possible, take photos of the accident scene, vehicle damage, and injuries. Collect contact information from all parties involved.
Obtain A Copy Of The Police Report – The official accident report will contain valuable information regarding liability and the circumstances of the crash.
Notify the Insurance Companies – Report the accident to the insurance company, but avoid making statements or accepting quick settlements without consulting an attorney.
Consult A Car Accident Attorney – An experienced attorney can help injured passengers navigate the claims process, negotiate with insurance companies, and pursue maximum compensation.

Common Challenges In Passenger Injury Claims

While passengers generally have strong legal claims, they may face challenges such as:

Disputes Over Liability – Insurance companies may try to shift blame to minimize payouts.
Insufficient Insurance Coverage – If the at-fault driver is uninsured or underinsured, securing compensation may be more difficult.
Delays in Claims Processing – Insurance companies may delay or deny claims, requiring legal intervention.
Multiple Insurance Claims – Passengers may need to file claims with multiple insurers, leading to complex negotiations.

By working with a knowledgeable car accident attorney, injured passengers can overcome these challenges and secure the compensation they need.

Accident Claim Frequently Asked Questions

What Types Of Compensation Can An Injured Passenger Recover?

Injured passengers may recover compensation for medical expenses, lost wages, pain and suffering, and other damages. If injuries result in long-term disability, additional compensation may be available for future medical care and loss of earning capacity.

Can I File A Claim If The Driver Of The Car I Was In Was At Fault?

Yes, passengers can file a claim against the driver of the car they were in if that driver was responsible for the accident. The claim would be made against the driver’s liability insurance.

What Happens If The At-Fault Driver Does Not Have Insurance?

If the at-fault driver lacks insurance or has inadequate coverage, an injured passenger may seek compensation through their own uninsured/underinsured motorist (UM/UIM) coverage if they have it.

Is There A Time Limit To File A Claim For A Passenger Injury In Illinois?

Yes, Illinois law sets a two-year statute of limitations for personal injury claims, meaning injured passengers must file a claim within two years from the date of the accident.

Will My Claim Be Affected If I Was Not Wearing A Seatbelt?

Not wearing a seatbelt may impact the amount of compensation you receive under Illinois’ comparative negligence laws. However, passengers can still file claims even if they were not wearing a seatbelt at the time of the accident.

Can I Sue If My Own Family Member Was Driving The Car?

Yes, passengers can file a claim against a family member’s insurance policy if they were responsible for the accident. However, some insurance policies have exclusions for family members, so it is important to review policy terms.

What If Multiple Passengers In The Same Vehicle Are Injured?

If multiple passengers are injured, each passenger can file a separate claim against the at-fault party’s insurance. However, if the available insurance coverage is limited, compensation may be distributed among all claimants.

How Long Does It Take To Settle A Passenger Injury Claim?

The timeline for settling a claim varies based on factors such as liability disputes, insurance negotiations, and the severity of injuries. Some claims settle within a few months, while others may take longer, especially if litigation is required.

Should I Accept A Settlement Offer From The Insurance Company?

Insurance companies often offer low initial settlements to minimize payouts. Injured passengers should consult an attorney before accepting any settlement to ensure they receive fair compensation.

Do I Need An Attorney To File A Passenger Injury Claim?

While it is possible to file a claim without an attorney, having legal representation can significantly improve your chances of obtaining maximum compensation. An attorney can handle negotiations, gather evidence, and fight for your rights.

Contact Our Cook County Car Accident Lawyers For A Free Consultation

If you were injured as a passenger in a car accident, you deserve fair compensation for your medical bills, lost income, and pain and suffering. The legal team at The Law Offices of Robert T. Edens, P.C. is ready to protect your rights and guide you through the legal process.

Contact our Cook County car accident lawyers at The Law Offices of Robert T. Edens by calling 847-395-2200 for a free consultation. Our firm represents clients from Antioch, Waukegan, and Woodstock, Illinois, and throughout the entire state. Let us fight for the compensation you deserve.

Can A Passenger File A Lawsuit When Injured In An Accident?