Passengers have the right to sue if they are involved in a car accident, even if they have limited control over the journey. Understanding the rights of passengers in car accidents is crucial, as a car crash can be distressing, often resulting in serious injuries and other damages for both drivers and passengers.
If you were a passenger during an accident where someone was negligent, you can seek compensation. For help with your case in Naperville, contact Chute, O’Malley, Knobloch, and Turcy, LLC at (312) 775-0042.
Passenger Rights After a Car Accident in Illinois
Occupants, including passengers, make up a significant portion of traffic-related injuries and fatalities in Illinois. In 2020, they accounted for 6.1% of deaths and 12.5% of hospitalizations. After a car accident as a passenger, you have the right to seek compensation. You can pursue claims against the at-fault driver’s insurance or directly from the driver themselves, even if you are an injured motorcycle passenger or injured as an Uber passenger. In Illinois, you have options to seek compensation for your losses, including:
- Filing a Claim Against the At-Fault Driver: Generally, you have the option to file an injury claim against the driver who caused the accident. These drivers have bodily injury liability coverage in their auto insurance policies, which can help cover your medical and rehabilitation costs. Alternatively, you may pursue a lawsuit to recover damages directly from the at-fault driver.
- Filing a MedPay Claim: If the driver of your vehicle opted for MedPay coverage, you can claim funds to assist with the medical expenses resulting from the injuries sustained in the accident.
- Utilizing Your Health Insurance: Your health insurance may cover treatment for your accident-related injuries, but insurers typically require you to seek compensation from primary sources like MedPay first. They might also reclaim costs from recovery you receive from the at-fault driver.
- Filing an Uninsured/Underinsured Motorist (UM/UIM) Claim: If the at-fault driver is uninsured or underinsured, you may file a UM/UIM claim if you or your vehicle’s driver has UM/UIM coverage. This allows your insurance to cover your losses. You can also file a claim if you were injured as a passenger in a hit-and-run accident.
Who Passengers Can Sue for Injuries and Medical Bills
Determining liability is the key legal consideration when deciding who to sue for passenger injuries. For a victim to receive compensation for medical costs and damages, establishing who is at fault is essential. This involves identifying who was responsible for the accident, whether through negligence, reckless actions, or malicious intent.
To establish liability, various types of evidence are examined, including surveillance footage, the location of the vehicles during the collision, eyewitness accounts, and pertinent physical evidence. Legal action can only proceed once liability is clearly established.
Depending on the circumstances of the crash and who is found to be at fault, you may have the option to file a claim against one or multiple drivers involved in the incident.
At-Fault Driver of Either Vehicle
If the accident was the result of another driver’s actions, you can submit a claim to their liability insurance. This is generally the easiest approach and covers medical expenses, lost income, and other damages stemming from the incident.
Driver of Your Vehicle
If the driver of the vehicle you were in caused the accident, you can also file a claim against their insurance. However, be mindful of the “household exclusion,” a provision found in many insurance policies that might restrict your ability to recover damages if you reside at the same address as the driver. Even with this limitation, exceptions may exist, and consulting an Illinois car accident attorney can help you understand these intricacies.
Multiple Parties
When more than one driver is at fault, you may file claims with multiple insurance companies. Illinois comparative negligence laws mean that if both drivers bear some responsibility for the accident, you can pursue compensation from each insurer based on their degree of fault. This can help ensure you receive full compensation, particularly if one policy’s coverage limits fall short of your needs.
When to Contact an Illinois Car Accident Attorney
As a passenger in a car accident in Illinois, it’s important to reach out to an attorney if you’ve sustained injuries, no matter how minor they may seem. Consulting a lawyer can help ensure that you receive fair compensation. Additionally, if you feel overwhelmed by the claims process or if the at-fault driver’s insurance denies your claim, having legal representation can be invaluable.
Even minor injuries can lead to complications. An attorney can help you secure compensation for medical expenses and guide you through the claims process, especially if the insurance company is uncooperative. They can gather evidence to establish negligence and assess the full value of your damages. In cases with multiple vehicles or disputes about fault, a lawyer can manage the situation effectively. In Illinois, you have two years from the accident date to file a lawsuit, and an attorney can ensure your claim is submitted on time.
For assistance with your car accident claim, contact us at Chute, O’Malley, Knobloch, and Turcy, LLC.
Frequently Asked Questions About Car Accident Claims
Who Is Responsible for My Injuries?
The driver who caused the accident is liable for your injuries. You can file a claim with their insurance or, if you were a passenger, with the driver’s insurance. Your own auto insurance may also provide coverage even if you weren’t driving.
What Can I Claim Compensation For?
In an accident case, you can seek compensation for medical expenses, lost wages, emotional distress, and property damage, depending on the severity of your injuries and the accident’s circumstances.
What Happens if the At-Fault Driver Is Uninsured?
If the at-fault driver is uninsured, you might have to seek compensation from your own insurance or explore other legal options.
