What Happens if You’re Injured as a Passenger in a Car Accident?

If you were injured as a passenger in a car accident, you have clear rights under Illinois law. No matter who was at fault in the accident, you have the right to seek just compensation from the at-fault party’s insurance company; and, if you have (or if a family member has) auto insurance, you may be able to file a claim with your insurance company as well. 

But, while your rights are clear, this does not mean that seeking the financial compensation you deserve will be easy. As a passenger in a car accident, you may encounter a variety of issues with your insurance claim, and this makes it important to have an experienced car accident lawyer on your side. 

Insurance Coverage for Injured Passengers in Illinois 

When you need to seek financial compensation for injuries you sustained as a passenger in a car accident, one of the first steps in the process is determining what insurance coverage is available to you. There are a variety of possibilities, including:

• The Other Driver’s Insurance Coverage – If the other driver was at fault in the accident, you can file a claim under the other driver’s insurance policy just as you could if you were driving at the time of the collision. Liability insurance is mandatory in Illinois, so the driver should have coverage available. 
• Your Driver’s Insurance Coverage – If your driver was at fault in the accident, you can file a claim under your driver’s liability insurance policy as well. This is true whether you were riding with a friend, colleague, or rideshare driver. 
• Your Insurance Coverage – If you have auto insurance, you may also be able to file a claim with your insurer. In this scenario, your primary options are: (i) filing a Medical Payments claim; and/or, (ii) filing an uninsured or underinsured motorist (UM or UIM) claim. UM and UIM insurance are also mandatory in Illinois, while Medical Payments coverage is optional. 
• A Family Member’s Insurance Coverage – Even if you don’t have auto insurance, if a member of your household has auto insurance, you may be able to file a claim under your family member’s auto policy if necessary. 
• A Third Party’s Insurance Coverage – Drivers’ employers, rideshare companies, delivery companies, road construction companies, and various other entities can also be held liable for car accidents in appropriate cases. In these cases, seeking just compensation generally involves filing an insurance claim as well. 

Depending on the circumstances involved in your car accident, you may be able to file one or more claims listed above. Before you can file any claim, however, you need to be able to prove that you are entitled to just compensation. 

Proving that You Are Entitled to Compensation 

Proving that you are entitled to compensation as a passenger in a car accident involves proving why the crash happened. While you may have some evidence in your possession (i.e., photos from the accident scene or a copy of the police report), you will most likely need to hire an experienced car accident lawyer to gather additional evidence of liability. 

While this might include gathering forensic evidence from the accident scene, it might also include gathering evidence such as phone records, receipts, or telematics (or “black box”) data from the vehicles involved. Different types of evidence are necessary to prove different causal factors—and you need to make sure you have the right type(s) of evidence to prove liability in your case. 

Proving How Much You Are Entitled to Recover

Along with relying on your lawyer to help you prove liability, you will also need to work with your lawyer to prove how much you are entitled to recover as a passenger in a car accident.

Regardless of the claim (or claims) you are eligible to file, it is up to you to make sure you are seeking the full compensation you deserve. The insurance companies are not going to calculate your losses for you; and, if you let them dictate the terms of your settlement, you will almost certainly end up with much less than you deserve. 

Ultimately, if you were injured as a passenger in a car accident, nothing is going to happen unless you take action. To help maximize your chances of recovering the financial compensation you deserve, you should talk to an experienced Chicago car accident lawyer as soon as possible. 

Need to Know More? Talk to an Experienced Chicago Car Accident Lawyer for FREE

Were you injured as a passenger in a car accident in Illinois? If so, we encourage you to contact us right away. 
Contact the Chicago car accident lawyers at Coplan + Crane today online or at (312) 982-0588 for a FREE case evaluation. We help clients across Illinois, including Chicago, Oak Park, Rockford, and other areas. We handle premises liability cases on a contingency basis, which means you don’t pay unless we win.