If you were riding as a passenger in a car that was involved in an accident, you may have the right to file a car accident claim in Chicago against whoever caused the crash. In fact, passengers are often in the strongest legal position of anyone involved because they’re almost never at fault for what happened. You weren’t behind the wheel, you weren’t making driving decisions, and so, in most cases, there’s very little the other side can argue you did wrong.
That said, the process of actually recovering compensation as a passenger has its own set of challenges. Read on to learn more about how it works under Illinois law.
Whom Can I File a Claim Against?
As a passenger, you can file a claim against any driver whose negligence contributed to the accident. That might be the driver of the car you were riding in, the driver of another vehicle, or both. You’re not limited to choosing one or the other.
If only the other driver was at fault, you’d file a claim against their liability insurance. If the driver of your vehicle was at fault, you can file against their policy instead. In accidents where both drivers share some blame, you may be able to pursue claims against both insurance policies at the same time. This can increase the total compensation available to you.
There are also situations where a third party beyond the two drivers may be liable. For example, if a defective vehicle component caused the crash, the manufacturer could be brought into your claim. If poor road conditions played a role, a government entity responsible for maintenance might share some responsibility.
What if the Driver Was a Friend or Family Member?
This is one of the more uncomfortable aspects of passenger injury cases. If the person driving your car caused the accident, filing a claim means going after their insurance policy. Many people hesitate to do this because they don’t want to create conflict with someone they’re close to.
It’s important to understand that you’re filing a claim against the insurance policy, however, not against the person. That’s exactly what auto insurance is designed for. Your friend or family member’s premiums may be affected, but the insurance company is the one paying your claim.
What Damages Can I Recover as a Passenger?
Illinois allows injured passengers to pursue both economic and non-economic damages, just like any other accident victim.
Economic damages may include:
- Medical bills
- Future treatment costs
- Lost wages
- Reduced earning capacity
- Out-of-pocket expenses
Non-economic damages compensate you for things like:
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Disability
Punitive damages may be available as well, but only in rare cases involving extreme misconduct from the at-fault party. Your case must also usually go to trial for punitive damages to be awarded.
Contact Meyers & Flowers for Help if You Were Injured as a Passenger
If you were injured as a passenger during a car accident, it’s important to remember that you may have multiple legal options available to you for recovering compensation. Contact Meyers & Flowers today at (630) 576-9696 or message us online for a free consultation and help with your case. We can walk you through your best course of action at that time with no strings attached.