Can Passengers File Separate Claims After a Car Accident?

Each passenger suffering injuries in a Chicago car accident has options to recover compensation. Each injured passenger must file a separate car accident claim in Chicago. In some instances, more than one person or entity may be negligent in an accident.

Liability and Illinois Laws on Fault in Car Accidents

In most instances, passengers in a car accident are victims. They are rarely at fault outside of extenuating circumstances. Illinois law requires an at-fault driver to cover the injuries they cause due to negligence. Filing an insurance claim against the at-fault driver’s insurance for your damages is possible.

Illinois also follows comparative negligence laws. Each party in a car accident is assigned a percentage of fault. Recovering damages may require you to seek compensation from multiple responsible parties in the accident for your injuries.

Compensation Limits for Passengers in a Car Accident Claim

Illinois drivers must carry minimum liability insurance. This coverage may not be sufficient if you suffer severe injuries. Minimum coverage will compensate $25,000 per person for bodily injury and up to $50,000 per accident for bodily injury. When multiple passengers have severe injuries, seeking other options when a car accident exceeds policy limits in Illinois may be necessary.

You will need to file a personal claim for damages separate from the damages and claims of other passengers. Exceeding policy limits may require you to take the following steps:

• Review a personal insurance policy for additional coverage, such as underinsured motorist coverage
• File a personal injury lawsuit against a driver’s assets
• Investigate other potential policies and coverage

A comprehensive investigation will be necessary to uncover all your options to maximize your damage potential and aid in your recovery.

Potential Liable Parties for Passenger Injuries

Other parties may also be responsible for your damages in a car accident. It can be challenging to recover your costs extensively without legal guidance. Complex cases should never prevent you from filing a claim against these parties when they are responsible for your injuries:

• Parts manufacturer or distributor
• Governmental agency
• An at-fault driver’s employer when on-duty
• Maintenance company

Businesses and corporations regularly retain legal representation to protect them against legal action. Injured car accident survivors deserve a legal advocate who will represent their best interests against corporations and government entities. While a Chicago car accident attorney cannot guarantee a specific outcome in a claim, many passengers who suffer injuries in a car accident may experience improved case results due to experienced representation.

Compensation You May Recover

The damages in a car accident encompass all of your financial losses and other losses with no definite monetary value. Lost wages, medications, out-of-pocket costs, and other expenses may be recoverable. Compensation for the pain and suffering you experience, lost enjoyment of life, and other non-economic damages may also be possible.

Time limits also apply to how long you have to report a car accident in Chicago and file a claim. Failing to act within the time limits will bar your recovery.

Discuss Your Injuries as a Passenger in a Chicago Car Accident

Each passenger must file a separate claim for their injuries in a car accident. In some cases, multiple claims are necessary. Learn more about your right to compensation in a Chicago car accident if you are an injured passenger.