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Passengers Have UM/UIM Rights Too

If you were a passenger in a vehicle that was struck by an uninsured or underinsured driver, you may have access to UM/UIM benefits even though you were not the policyholder or the driver. Illinois law provides multiple potential sources of UM/UIM coverage for injured passengers, and understanding these options can significantly affect your recovery.

As a passenger, you did nothing to cause the accident, yet you may face the same serious injuries and financial losses as the driver. UM/UIM coverage exists to protect people in exactly this situation.

Sources of UM/UIM Coverage for Passengers

As a passenger, you may be able to access UM/UIM coverage from several different policies:

The driver’s policy. The UM/UIM coverage on the vehicle you were riding in typically extends to passengers. If your friend was driving and their policy includes $100,000 in UM/UIM coverage, you can make a claim under that coverage for your injuries.

Your own auto policy. Even though you were not driving, your personal auto insurance policy’s UM/UIM coverage may follow you as a passenger in another vehicle. This is true in most Illinois policies and can provide an additional layer of protection.

A household member’s policy. If you live with a relative who has auto insurance with UM/UIM coverage, that policy may also extend coverage to you as a passenger in another vehicle.

Having multiple potential sources of coverage is particularly valuable when the at-fault driver was completely uninsured or carried only the Illinois minimum of $25,000.

Which Policy Pays First?

When multiple UM/UIM policies are available, questions arise about which one pays first and how the coverages interact. Generally, the policy covering the vehicle you were riding in is considered primary coverage. Your own personal policy and household policies serve as excess coverage, kicking in after the primary coverage is exhausted.

The specific language of each policy controls how these coverages coordinate. Some policies contain “other insurance” clauses that affect the order and amount of payment. An experienced personal injury attorney can analyze all available policies and determine the maximum coverage available to you.

Rideshare Passengers and UM/UIM Coverage

If you were a passenger in an Uber or Lyft when an uninsured driver caused an accident, the rideshare company’s commercial insurance policy may provide UM/UIM coverage. Both Uber and Lyft carry substantial insurance while a ride is in progress, which can include UM/UIM protection. However, the claims process with rideshare insurers can be complex and often requires legal assistance.

Protecting Your Rights as an Injured Passenger

After an accident, gather information from all parties involved, seek immediate medical attention, and report the accident to both the driver’s insurance company and your own. Do not give recorded statements or accept settlement offers without first speaking to an attorney.

At Parker & Parker, we help injured passengers identify every available source of UM/UIM coverage and pursue the maximum recovery. Contact us for a free consultation about your passenger injury claim.

Injured? Get a Free Case Review.

The personal injury attorneys at Parker & Parker have been fighting for accident victims in Peoria and across Central Illinois for over 25 years. Call (309) 674-0044 or contact us online for a free, no-obligation consultation.

Frequently Asked Questions

Can a passenger file a UM/UIM claim in Illinois?

Yes. Passengers can typically access UM/UIM coverage from the driver’s policy, their own personal auto policy, and potentially a household member’s policy. Multiple sources of coverage may be available.

Which UM/UIM policy pays first for a passenger?

Generally, the policy covering the vehicle the passenger was riding in is considered primary. The passenger’s own personal auto policy and household member policies serve as excess or secondary coverage.

Does UM/UIM coverage apply to Uber and Lyft passengers?

Yes. Rideshare companies carry commercial insurance that may include UM/UIM coverage for passengers during an active ride. However, the claims process with rideshare insurers can be complex.

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.

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.

UM/UIM Coverage for Passengers in Illinois