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Injured as a Passenger in a Car Accident? Our Attorneys Can Help
Car accidents are an everyday occurrence on Illinois roads, especially in the Chicago metropolitan area. While drivers worry about who will be found liable and how much the accident will cause their car insurance to spike, passengers are often left in the lurch. After all, they had no role in the accident, so who will pay for their medical bills or their time away from work?
If you were injured in a car accident as a passenger in Chicago or elsewhere in Illinois, you need a top-rated car accident attorney whose only goal is to protect your best interests. That’s where our Illinois passenger injury lawyers come in. Call Staver Accident Injury Lawyers, P.C. at (312) 236-2900 today. Our injury lawyers in Chicago, IL offer free initial consultations and work on a no win, no fee basis.
Who Is Liable When You’re Injured as a Passenger?
The first step is the same, regardless of whether you are the driver or the passenger. You must figure out who is at fault. You need an auto accident attorney to navigate this process; they know what evidence is necessary to determine liability and how to secure that evidence for your personal injury claim. What you do to recover damages depends entirely on who is liable for the accident.
What If The Driver of the Car You Were in Caused the Accident?
If you were driving with a friend and they were found to have caused the accident, you would have to file a lawsuit against the driver. This is a tough pill since many people do not want to take legal action against a friend.
However, your medical expenses and time away from work still must be paid. Luckily, you don’t have to choose between seeking damages and maintaining your friendship. If you bring a suit against your friend, their insurance company will be responsible for providing legal representation and paying a fair settlement. While your friend’s car insurance rates may go up slightly, they will not be financially ruined by your choice to work with a car accident lawyer to seek compensation.
Can I File Against the Driver If They’re My Friend?
Yes. Even if the at-fault driver is your friend, you can file a claim against their auto policy. Their insurer will handle your case, and suing doesn’t necessarily affect your friendship directly.
When Another Driver Caused the Accident
The process is the same if the other driver caused the accident. You will work with a passenger injury attorney to ask the other party’s insurance company for compensation. For many, this is a much easier situation than taking legal action against someone they know. You can recover the same damages as a driver injured by another driver’s actions.
Our Chicago car accident lawyers will negotiate aggressively with insurers who often try to undervalue claims or deny liability altogether. We fight to secure the full amount you deserve for your injuries, lost income, and suffering.
What if the Passenger is Related to the Driver?
If the driver of the car you were in caused the accident and lives with you, you may be unable to seek damages. Most car insurance policies have a household exclusion. This exclusion prevents a family member in the same household as the driver from filing a claim against the insurance company.
However, if the driver is a family member who does not live in your household, you should still be able to recover damages. You can work with your Chicago car accident attorney to understand the details of the driver’s insurance policy and find out whether or not you can seek compensation.
Can I File a Claim If the At-Fault Driver Lives With Me?
It depends. Many Illinois auto policies exclude coverage if the passenger lives with the driver. If you don’t share a household, you can still seek compensation.
Injured Car Accident Passengers Need Medical Care & Compensation
Passengers hurt in accidents often worry about seeking medical care after a crash, unsure about whether or not their health insurance will pay for it or if the other party’s insurance will cover their expenses. However, you absolutely need to get checked out by a doctor after a crash.
This is crucial for documenting your injuries and gathering evidence for your personal injury case. Your health insurance may pay for the claims and seek reimbursement from your personal injury award, or you may be able to delay payments until your case settles. Discuss your options with your passenger injury attorney.
Will My Health Insurance Pay For Treatment Before My Injury Settlement?
Yes. Your health insurance typically covers initial treatment costs. Later, providers may place liens on your settlement for reimbursement, depending on your case agreement.
What Damages Can an Injured Car Accident Passenger Recover?
The amount and types of compensation you recover depend on the details of your accident. You may be able to ask for damages for:
- Medical expenses. This includes medical bills, co-pays, prescription medication expenses, trips to and from the doctor, and other expenses associated with your ongoing care.
- Time away from work. This may cover a wide range of expenses. If you have to take a few days off of work to handle the accident and get emergency medical care, you should be compensated for that. If your injury is severe enough to temporarily or permanently alter your ability to work, your settlement should reflect that loss.
- Disability or disfigurement. Serious accidents can leave victims with permanent disability or disfigurement. If you suffered permanent loss in an accident, you may be entitled to compensation for disability or disfigurement.
- Pain and suffering. The financial value of the pain and suffering associated with a car accident is decided primarily by the extent of your injuries and how much they will impact your life.
FAQs About Passenger Injuries in Illinois Car Accidents
Can a passenger sue both drivers after a car accident?
Yes, if both drivers share fault for the accident, an injured passenger may file claims against both parties. Illinois follows a comparative negligence system, meaning liability can be split between multiple drivers. An experienced Chicago car accident lawyer can investigate the crash and pursue all responsible parties to maximize your compensation for medical expenses, lost income, and pain and suffering.
What should an injured passenger do immediately after a car accident?
If you’re injured as a passenger in a crash, your first priority should be to seek immediate medical attention, even if injuries seem minor. Then, gather as much evidence as possible—photos, police reports, witness information—and avoid making statements to insurance companies. Before discussing your injuries or the accident, contact an experienced passenger injury attorney to protect your rights and guide you through the claims process.
Who pays for a passenger’s injuries in Illinois?
Typically, the insurance company of the at-fault driver is responsible for paying for an injured passenger’s medical expenses, lost wages, and other damages. Depending on the circumstances, the liable party could be the driver of the car you were in, another driver, or even multiple drivers. A skilled and local injury attorney can identify all sources of insurance coverage to ensure you receive the full compensation you deserve.
How much is a passenger injury claim worth?
The value of a passenger injury claim depends on factors like the severity of your injuries, medical expenses, time missed from work, and the long-term impact on your life. Claims involving serious injuries like brain injuries or spinal cord injuries are typically worth significantly more. Our Chicago accident injury lawyers work hard to calculate every aspect of your loss to fight for the maximum settlement possible.
Is it necessary to hire a lawyer for a passenger injury claim?
Yes, it is highly recommended to hire a lawyer after being injured as a passenger. Insurance companies often try to minimize or deny valid claims. A dedicated auto injury lawyer can gather evidence, handle negotiations, and, if necessary, file a lawsuit to ensure you recover full and fair compensation for your injuries and losses. Plus, at Staver Accident Injury Lawyers, P.C., you pay no legal fees unless we win your case.
Let an Experienced Passenger Injury Lawyer Handle Your Case
Before you talk to an insurance adjuster about the car accident you were involved in, reach out to Staver Accident Injury Lawyers, P.C. Insurance companies do not have your health or well-being in mind; they just want to pay you as little as possible and close the case file. We are dedicated to fighting for you every step of the way and helping you get the compensation you deserve, no win no fee.
To explore your legal options, fill out our online form or call us at (312) 236-2900.
