The short answer
Passengers are rarely at fault, so the main questions are which driver caused the crash and how much insurance is available. You may claim against your own driver's policy, the other driver's policy, or both. If they aren't enough, your own uninsured or underinsured motorist coverage may help. The claim is usually paid by insurance, not by the driver personally.
Who may be responsible
- The driver of the car you were riding in
- The driver of another vehicle involved in the crash
- Both drivers, with fault divided between them
- An employer, if a driver was working at the time
- A rideshare company's insurer, if you were riding in an Uber or Lyft
Under Illinois comparative fault, fault is assigned among the people whose negligence caused the crash. A passenger who only rode along normally has no share. Insurers may still argue fault over issues like knowingly riding with an impaired driver.
Seat-belt nonuse has a specific protection under Illinois law. Under 625 ILCS 5/12-603.1(c), failing to wear a seat belt in violation of that section cannot be treated as evidence of negligence or used to reduce the recovery described in the statute.
Claiming against a friend or relative
Many passengers hesitate because the driver is someone they know. The claim is made against that driver's insurance policy, which exists for exactly this situation. Policy wording can limit claims between members of the same household, so have the policy reviewed.What to do as an injured passenger
- Get medical care and keep every record and bill
- Get both drivers' names, plates, and insurance information
- Photograph the vehicles and the scene, and note any witnesses
- Request the police crash report number
- Don't give a recorded statement to either insurer until you've had advice
- Most Illinois injury lawsuits must be filed within two years (735 ILCS 5/13-202)
Primary sources
- 735 ILCS 5/2-1116 — Comparative fault
- 215 ILCS 5/143a — Uninsured motorist coverage
- 735 ILCS 5/13-202 — Two-year personal injury limitation
This article is general information, not legal advice for your situation.