If you’re involved in a car accident as a passenger, you may suffer serious injuries that require medical care and render you unable to work. As an injured passenger, you may have the right to pursue compensation for your injuries and losses through a car accident. Understanding your legal options after a car crash can help you make a complete recovery.
Determining Who Bears Responsibility for the Crash
Your rights may depend on who caused the crash. For example, the driver of the vehicle that hit your car may bear responsibility for the accident. Alternatively, the driver of your vehicle may have caused the crash. Multiple drivers may have contributed to causing the accident, with liability for your injuries and losses apportioned among them in proportion to each driver’s share of fault. Fortunately, passengers rarely bear responsibility.
Your Options for Compensation
You may have several avenues for obtaining compensation for your losses after a car crash in Illinois, such as:
- Filing a Claim Against the At-Fault Driver – In most cases, you can file an injury claim against the at-fault driver(s). Those drivers should have bodily injury liability coverage under their auto insurance policies, which can compensate you for your medical and rehabilitation expenses. Alternatively, you might file a lawsuit to recover directly from the at-fault driver.
- Filing a MedPay Claim – If the driver of your vehicle purchased optional MedPay coverage, you can obtain compensation to help pay for your medical expenses incurred to treat injuries you sustained in the crash.
- Using Your Health Insurance – Your health insurance coverage can help pay for the treatment and rehabilitation you need for your car accident injuries. However, health insurers typically require you to turn to other primary insurance, such as MedPay, before using your health coverage. Furthermore, your health insurer may have the right to reimbursement from any financial recovery you obtain from an at-fault driver.
- Filing an Uninsured/Underinsured Motorist (UM/UIM) Claim – When the at-fault driver does not have insurance or their liability coverage does not fully compensate you for your losses, you may have the option to file a UM/UIM claim if the driver of your vehicle purchased UM/UIM coverage or if you have UM/UIM coverage in your auto insurance policy. UM/UIM coverage has your insurance step in for the at-fault driver’s insurance coverage. You can also file an uninsured motorist claim if you got hurt as a passenger in a hit-and-run accident where the at-fault driver fled the scene.
Special Considerations If Your Family Member or Friend Caused the Crash
If the driver of your vehicle caused the crash, you may hesitate to pursue an injury claim when the driver is a family member or friend. In particular, you may worry about damaging your relationship by filing a legal claim. However, in most cases, the insurance company will pay the compensation you receive for your injuries.
Other considerations may come into play if a member of your household caused the accident. Depending on the terms of your driver’s auto policy, you may qualify as an “insured,” which may preclude you from filing a bodily injury liability claim if the policy has an exclusion. An experienced car accident lawyer can review the terms of your driver’s car insurance policy to determine whether you can file a bodily injury liability claim if your driver caused the accident.
Contact Our Firm Today for Assistance
If you were injured in a car crash in Illinois as a passenger, you deserve to pursue a financial recovery from those responsible for the accident. Contact Bonifield & Rosenstengel, P.C., today for a free, no-obligation consultation with a car accident attorney to discuss your options for seeking compensation.