Skip to Content
Call or Text for a Free Consultation 309-673-0069
Call or Text for a FREE CONSULTATION 309-673-0069

Injured as a Passenger in an Illinois Car Accident: Your Rights and Options

Mon 23 Feb, 2026 / by / Car Accidents, Personal Injury

Last Updated: October 25, 2026

A passenger who sues for bodily injury is a plaintiff under 735 ILCS 5/2-1116. Recovery is barred when the passenger’s contributory fault is more than 50 percent of the proximate cause, and damages are diminished when that fault is not more than 50 percent. 735 ILCS 5/13-202 requires the actions it covers to be commenced within 2 years next after the cause of action accrued.

The Passenger’s Own Share

Section 2-1116 applies to an action for bodily injury or death based on negligence. It does not say that a passenger who was not driving has no share of the proximate cause. 625 ILCS 5/12-603.1(c) is a separate rule: failure to wear a seat belt in violation of that section shall not be considered evidence of negligence, shall not limit the liability of an insurer, and shall not diminish any recovery. Other conduct by the passenger is still measured by section 2-1116. The source of section 2-1116 is P.A. 103-1053, effective December 20, 2024.

735 ILCS 5/2-1117 makes defendants found liable jointly and severally liable for past and future medical and medically related expenses, except as provided in section 2-1118. A defendant under 25 percent of the stated total fault is severally liable for the other damages. A defendant at 25 percent or more is jointly and severally liable for the other damages. The section does not say that each insurer pays only its driver’s percentage of the medical expenses.

The Filing Periods

Section 13-202 is not section 2-1116. It says an action for damages for an injury to the person shall be commenced within 2 years next after the cause of action accrued. That two-year sentence does not cover damages resulting from first-degree murder or a Class X felony when the perpetrator is convicted of that crime. The source is P.A. 99-90, effective January 1, 2016. 735 ILCS 5/13-211(a) lets a person who was under 18 when the cause accrued bring the action within 2 years after attaining the age of 18. That subsection does not name section 8-101. In Lee v. Naperville Community Unit School District 203, 2015 IL App (2d) 150143, paragraph 14, section 13-211 tolls an action governed by section 8-101(a) until the plaintiff attains 18, and section 8-101 then requires the action within one year. The one-year period does not run through childhood. Current section 8-101(b) is a separate patient-care period, and Lee did not apply it.

Section 8-101(a) is one year from the date the injury was received or the cause of action accrued, against a local public entity or its employees, other than the patient-care action in subsection (b). 745 ILCS 10/8-102 is repealed. A claim against the State is filed in the Court of Claims. 705 ILCS 505/22(h) gives other claims two years after accrual. 705 ILCS 505/22-1 requires notice to the Attorney General and the Clerk within one year, and that notice is excused if the claim is filed within one year of accrual.

Which Policy May Respond

The passenger’s action is against the person whose negligence caused the injury. 625 ILCS 5/7-601 requires a liability policy in amounts no less than section 7-203 for the motor vehicles it covers. The policy states who is insured and keeps its defenses. 215 ILCS 5/143a(1) requires the policies it describes to include uninsured and hit-and-run coverage for persons insured under the policy. Those limits may not be aggregated with similar coverage on other vehicles for one person’s bodily injury or death in one crash. Nothing in section 143a may be construed to prevent an insurer from extending coverage under terms and conditions more favorable to its insureds than the section requires. The policy and its endorsements decide whether that coverage applies. 215 ILCS 5/143a-2(4) defines an underinsured motor vehicle by comparing the applicable bodily-injury liability limits with the underinsured limits provided to the insured. The insurer’s limit is that coverage less the amounts actually recovered. Section 143a-2(5) permits policy terms so recovery under more than one policy or provision may equal, but may not exceed, the higher of the applicable limits.

If a transportation network vehicle is involved, 625 ILCS 57/10(b) applies while the driver is logged on and has not accepted a request, and again from the later of completion of the transaction on the digital network or software application and completion of the ride. Section 10(c) applies from acceptance until the driver completes that transaction or the ride is complete, whichever is later. Paragraph (c)(1) requires primary coverage of $1,000,000. Paragraph (c)(2) requires $50,000 of uninsured and underinsured coverage from the passenger’s entry until exit.

A statement the passenger gives about the passenger’s own conduct can be evidence under section 2-1116. Names of the drivers, photographs of the vehicles and the scene, and the medical records from treatment after the crash are part of that proof. When a child is hurt as a passenger, see the guide to child passenger injuries in Illinois car accidents.

Parker & Parker Attorneys at Law
300 NE Perry Ave., Peoria, IL 61603
Phone: 309-673-0069
Contact us

Schedule online for injury cases:
Injury scheduling

Frequently Asked Questions

Can a passenger sue the driver who was giving the ride?

Section 2-1116 applies to the passenger as plaintiff. It measures the passenger’s own share of the proximate cause. The action is against the driver whose negligence is alleged. The liability policy states who is insured and keeps its defenses.

If two drivers are at fault, does each insurer pay only its percentage?

Section 2-1116 measures the passenger’s own share. Section 2-1117 makes defendants found liable jointly and severally liable for the medical expenses, and it uses the 25 percent line for the other damages.

How long does a passenger have to file?

Section 13-202 requires the actions it covers to be commenced within 2 years next after accrual. Section 8-101(a) is one year against a local public entity or its employees. For a person who was under 18 when that action accrued, section 13-211 tolls the section 8-101(a) limitations period until the plaintiff attains 18, and section 8-101 then requires the action within one year. The one-year period does not run through childhood. Current subsection (b) is a separate patient-care period. Section 8-102 is repealed. A Court of Claims action under section 22(h) is two years after accrual, and section 22-1 requires notice within one year unless the claim itself is filed within that year.

What can a passenger’s own statement show?

A statement about the passenger’s own conduct can be evidence of contributory fault under section 2-1116. The trier of fact decides whether that fault is more than 50 percent of the proximate cause.

Need a lawyer? This article is part of our Peoria Car Accident Lawyer practice area. Call Parker & Parker at 309-673-0069 for a free consultation.

Related Articles

Categories

Locations Map (KML)