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Passenger Injury Claims After an Illinois Car Accident

You were riding in the passenger seat when the driver ran a red light and was hit broadside by another vehicle. Or you were in the back seat of a rideshare when the driver rear-ended a stopped car. As a passenger, you were not driving and almost certainly did nothing wrong. That puts you in a unique legal position: you can typically file a claim against one or both drivers, and comparative fault is rarely an issue. But passengers face their own set of challenges when it comes to actually getting compensated.

Who Can a Passenger Sue?

A passenger injured in a car accident can file a claim against any driver whose negligence contributed to the crash. That includes the driver of the vehicle you were riding in. Many people hesitate to bring a claim against a friend or family member who was driving, but it is important to understand that the claim is paid by insurance, not by the individual. The at-fault driver’s liability insurance exists specifically to cover injuries caused by their negligence. Filing a claim does not mean suing your friend personally; it means making a claim against their insurance policy.

In multi-vehicle accidents, you may have claims against more than one driver. If both the driver of your vehicle and the driver of the other vehicle were negligent, you can pursue claims against both of their insurance carriers. Illinois’s joint and several liability rules under 735 ILCS 5/2-1117 can work in your favor here: if one driver is 25 percent or more at fault, they can be held responsible for the full amount of your damages, minus any fault attributed to the other driver.

Insurance Coverage Available to Passengers

Several insurance sources may be available to cover your injuries. The at-fault driver’s liability policy is the primary source. If both drivers share fault, both policies are in play. If the at-fault driver is uninsured or underinsured, your own automobile insurance policy may provide uninsured/underinsured motorist (UM/UIM) coverage, even though you were not driving. Illinois law requires insurers to offer UM/UIM coverage to policyholders, and that coverage follows you into other vehicles.

If you were riding in a rideshare vehicle like Uber or Lyft, the rideshare company maintains commercial liability coverage that applies during active trips. These policies typically provide $1 million in liability coverage when the driver is engaged in a trip. The specifics depend on whether the driver had a passenger, was en route to pick up a passenger, or was simply logged into the app. For an overview of how these insurance layers work together, see our car accident claims page.

Comparative Fault Rarely Applies to Passengers

Under Illinois’s modified comparative fault rule (735 ILCS 5/2-1116), your damages are reduced by your percentage of fault. But passengers are almost never at fault for a crash. You were not driving, you did not control the vehicle, and you did not cause the collision. The narrow exceptions involve situations where a passenger physically interferes with the driver, grabs the steering wheel, or knowingly rides with a visibly intoxicated driver. Outside of those unusual circumstances, the passenger’s fault is typically zero, which means the full value of your damages is recoverable.

Damages Passengers Can Recover

Passengers are entitled to the same categories of damages as any other injured person in Illinois. That includes past and future medical expenses, lost wages and loss of earning capacity, pain and suffering, emotional distress, disfigurement, and loss of normal life. Illinois Pattern Jury Instruction 30.01 guides the jury in evaluating non-economic damages. The severity of passenger injuries varies widely, from soft-tissue strains in a low-speed fender bender to catastrophic injuries in a high-speed or multi-vehicle crash. Side-impact collisions, which are common in intersection accidents, can be particularly dangerous for passengers seated on the impact side.

What Passengers Should Do After a Crash

The steps for a passenger are similar to those for any crash victim: seek medical attention, even if you think your injuries are minor. Document your injuries and the accident scene. Get the names and insurance information of all drivers involved. Obtain a copy of the police report. Do not give a recorded statement to any insurance company before consulting an attorney. The at-fault driver’s insurer may contact you quickly and offer a low settlement before you understand the full extent of your injuries. That early offer is almost always insufficient.

One additional step for passengers: make sure you know the identity of every vehicle involved. In a multi-car pileup, vehicles may leave the scene before you have a chance to record their information. The police report should capture this, but having your own record is valuable.

Injured? Get the Help You Deserve.

The attorneys at Parker & Parker offer free, no-obligation consultations. Call (309) 692-8900 or schedule online to discuss your case today.

Frequently Asked Questions

Can I file a claim against the driver who was giving me a ride?

Yes. If the driver of the vehicle you were in caused or contributed to the crash, you can file a claim against their liability insurance. The claim is paid by the insurance company, not by your friend or family member personally. This is what car insurance is for. Many passengers recover compensation from the driver of the vehicle they were riding in without damaging the personal relationship.

What if the driver who caused the crash has no insurance?

If the at-fault driver is uninsured, you may be able to recover compensation through your own uninsured motorist (UM) coverage. Even though you were not driving, your own auto insurance policy may provide UM coverage that applies when you are injured in someone else’s vehicle. Check your policy or ask your attorney to review it.

Does it matter where I was sitting in the vehicle?

Your seating position does not affect your legal right to file a claim, but it can affect the nature and severity of your injuries. Passengers seated on the side of a T-bone impact typically suffer more severe injuries than those on the opposite side. Rear-seat passengers may have different injury patterns than front-seat passengers. These details matter for the medical causation analysis in your case.

What if I was in a rideshare (Uber or Lyft) when the accident happened?

If you were a passenger in a rideshare vehicle during an active trip, the rideshare company’s commercial insurance policy applies. These policies typically provide up to $1 million in liability coverage. You may also have claims against other drivers involved in the crash. Rideshare accident claims can involve multiple insurance layers, so having an attorney sort through the coverage is particularly helpful.

If you or a loved one has been injured in a car accident, the experienced Peoria personal injury attorneys are ready to help you pursue the compensation you deserve.

Passenger Injury Claims After an Illinois Car Accident