By Dan Noll on November 10th, 2024 in Articles, Car Accident
Springfield Car Accident Lawyer Explains How to File a Car Accident Claim as a Passenger
Motor vehicle accidents are one of the most common causes of serious personal injuries in the United States. Although we typically think of drivers as being injured, it is also very common for passengers to be injured – this includes in both multi-vehicle and one-car crashes. As a passenger involved in a car accident in Illinois, you have specific rights and legal options for seeking compensation for your pain and suffering, lost wages, medical bills, and other damages. Understanding the process can help ensure you receive fair compensation for your injuries and damages, as well as not accepting a settlement that is too low for your needs. Unfortunately, the Springfield car accident lawyers at the Noll Law Office know that insurance carriers will not always accurately inform you of your rights and sometimes will try to take advantage of injured passengers by undervaluing their claims or even blaming them for an accident – even when they were not driving. Thus, it is imperative that everyone learns how to file a car accident claim as a passenger in Illinois.
At the Noll Law Office, their dedicated legal team can help passengers file a car accident claim as a passenger too. That’s because their Springfield car accident lawyers have experience handling some of the most complicated motor vehicle cases throughout Illinois, including claims involving passengers who are seriously injured or wrongfully killed in crashes. To learn more about your rights as a passenger injured in a crash, schedule a free consultation by dialing (217) 414-8889.
Understanding Illinois Auto Insurance
Generally, auto insurance in a state follows one of two approaches, either no-fault or at-fault. Illinois operates under an at-fault insurance system, also known as a “tort” state, which means that the party responsible for causing the accident is also responsible for paying damages to injured parties. This means that as a passenger, you can file a claim against the negligent driver’s insurance company rather than having to rely on your own insurance coverage first like you would in a no-fault. This also means that, unlike no-fault states, there are no threshold requirements to file a lawsuit such as a “serious injury” or a claim “above basic economic harm.”
Who Can Passengers Seek Compensation From in a Car Accident?
After a car accident in Illinois, there are many possible parties that could be liable to a passenger who suffers any type of personal injury. Sometimes there is just one liable party, whereas other times there are additional parties who may be at fault and who may be responsible for compensating you for your damages. This can quickly become complicated, especially in multi-vehicle accidents or where work vehicles are involved – especially if a municipality or state agency is also involved.
Some of the most common parties that could be liable for your damages include the following:
The Driver of the Vehicle You Were In
If the driver of the car you were riding in caused the accident, you can file a claim against their auto insurance policy. This might feel uncomfortable, especially if the driver is a friend or family member, but remember that you are filing against their insurance policy, not personally against them. Their liability coverage is specifically designed to protect passengers in these situations.
There may be exceptions in situations for spouses, which could be resolves by certain riders to insurance policies that do not appear in the initial contract and which may not be the default in most auto policies. As a result, adjusters may try to disclaim coverage right away, and force you to review and challenge them. Without a Springfield car accident lawyer, that can be difficult to do.
Other Drivers Involved
If another driver caused or contributed to the accident, you can pursue a claim against their insurance policy. In situations where multiple drivers share fault, you might be able to file claims against multiple insurance policies to ensure full compensation for your damages – including drivers in other vehicles and the driver of your vehicle. Illinois law allows you to recover from any driver who may have been at fault for your damages, which can include multiple different sources.
Commercial Entities and Businesses
If you were riding in a commercial vehicle or if a commercial vehicle caused the accident, you might have claims against multiple entities who are businesses, corporations, LLCs/PLLCs, or other related entities. This could include against the following:
Businesses or Municipalities/State Agencies Acting Within the Scope of their Work
- Trucking companies may be liable for their drivers’ negligence
- Delivery vehicles on the roads
- Municipalities and Agencies performing work like garbage collection, maintenance, deliveries, inspections, or performing other tasks
- Employees in authorized work vehicles, and
- Other uses of a vehicle for work-related functions
Transportation Companies
- Taxi companies are responsible for maintaining their vehicles and properly training drivers
- Rideshare companies like Uber and Lyft
- Bus companies must follow strict federal safety regulations
- Delivery service companies have specific insurance requirements
Other Entities or Businesses
- Vehicle manufacturers could be responsible for defective parts
- Maintenance companies might be liable for improper repairs
- Loading companies could be responsible for improperly secured cargo
- Construction companies working on roadways may share liability, and
- Other entities or individuals responsible for your crash.
Still Not Sure How to File a Car Accident Claim as a Passenger? Call the Noll Law Office
Passenger claims in an Illinois car accident are often said to be some of the strongest claims because there is usually no comparative fault – meanings they are damages-only claims since a passenger was not responsible for the crash. When pursuing compensation from any of these sources, the key is to identify all potentially liable parties early in the process to ensure that you do not misfile or lose the chance to file a claim against a defendant. This is particularly true against a municipal defendant, who have special timeframes and limits on commencing a claim against.
If you are seriously injured and unsure how to file a car accident claim as a passenger, schedule a free case evaluation with one of the Springfield car accident lawyers at the Noll Law Office. Their dedicated and compassionate staff can help you understand your rights and options, and how their legal team can help pursue and protect them. To get started, contact them by calling (217) 414-8889 or by sending a message.