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What Are the Legal Rights of a Passenger Injured in a Car Accident?

What Are the Legal Rights of a Passenger Injured in a Car Accident?

December 15, 2025 | Collins Law Firm

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The Collins Law Firm is proud to represent passengers injured in Illinois car accidents who are seeking answers, accountability, and justice. Passengers rarely have control over the circumstances that lead to a crash, yet they often face the same painful injuries, medical bills, and emotional trauma as the drivers themselves.

If you were hurt as a passenger, you have important legal rights, and our personal injury attorneys can help you understand how to pursue the compensation you deserve.

Understanding Passenger Rights After a Car Accident

Under Illinois law, passengers have the same right as drivers to seek compensation for injuries caused by negligence. Whether you were riding with a friend, family member, rideshare driver, or stranger, you can file a claim against the person or company responsible for the crash.

The key difference is that, as a passenger, you’re almost never at fault. That means you can pursue damages from one or more drivers without worrying about Illinois’ comparative negligence rules reducing your recovery.

Who Can Be Held Liable for a Passenger’s Injuries?

Depending on the circumstances of the crash, multiple parties may share responsibility for your injuries:

1. The Driver of the Vehicle You Were In

If your driver caused the accident through speeding, distracted driving, or impairment, you may file a claim against their insurance policy.

While this can feel uncomfortable if the driver is a friend or relative, remember: you’re filing a claim against their insurer, not them personally. The goal is to recover fair compensation for your injuries, not to punish someone you know.

2. The Driver of Another Vehicle

If another motorist caused the collision, their insurance company is responsible for your damages. In multi-vehicle crashes, you may be able to file claims against several drivers’ insurers.

3. Commercial or Rideshare Companies

If your accident involved an Uber, Lyft, taxi, or delivery vehicle, you may have access to additional commercial coverage — often up to $1 million in liability insurance.

4. Vehicle Manufacturers or Maintenance Companies

If a defective tire, brake, or airbag contributed to the accident, product liability laws may apply. The Collins Law Firm investigates whether mechanical failures played a role.

Common Passenger Injuries in Car Accidents

Passengers are often severely injured in car crashes because they have less control and fewer safety options. Common injuries include:

These injuries can have lifelong consequences, from ongoing medical treatment to reduced earning ability. The Collins Law Firm ensures that every aspect of your recovery is accounted for when calculating damages.

Types of Compensation Available to Injured Passengers

If you were hurt as a passenger, you may be entitled to recover both economic and non-economic damages, including:

  • Medical bills and future treatment costs
  • Lost wages and reduced earning capacity
  • Pain and suffering
  • Emotional distress
  • Disability or loss of normal life
  • Property damage (if personal items were lost or destroyed in the crash)

In cases involving reckless or intentional misconduct — such as drunk driving — you may also be eligible for punitive damages designed to punish and deter dangerous behavior.

What If Multiple Drivers Were at Fault?

In many Illinois crashes, more than one driver shares responsibility. For example, one driver may have been speeding while another ran a red light.

Illinois follows a modified comparative negligence rule, which allows victims to recover from any party found more than 50% at fault. As a passenger, this means you can file claims against multiple drivers and let the insurers or courts determine each party’s share of responsibility.

The Collins Law Firm has experience managing multi-party claims and coordinating settlements to maximize recovery for injured passengers.

Using Your Own Insurance Coverage

Even if the at-fault driver is uninsured or underinsured, you still have options. Illinois law requires auto insurers to include uninsured and underinsured motorist (UM/UIM) coverage in every policy.

If you have your own car insurance — or live with a family member who does — you may be covered under that policy even though you weren’t driving. The Collins Law Firm can review your policy and handle claims directly with your insurer to ensure you receive the benefits you’re entitled to.

Steps to Take After a Passenger Injury

If you’ve been hurt in a car accident, taking these steps can protect your health and strengthen your claim:

  1. Seek immediate medical care. Even minor pain may signal a more serious internal injury.
  2. Get a copy of the police report. It often contains key details about fault and witnesses.
  3. Document your injuries. Keep photos, medical records, and receipts.
  4. Avoid speaking to insurers without counsel. Adjusters may try to minimize your claim.
  5. Contact The Collins Law Firm. We’ll handle every legal and insurance issue so you can focus on recovery.

Acting quickly also ensures critical evidence is preserved, from traffic camera footage to black box data in commercial vehicles.

Special Considerations for Rideshare Passengers

If you were injured while using Uber or Lyft, your claim may involve overlapping policies:

  • Driver’s personal insurance (if the app was off)
  • Rideshare contingent coverage (if the app was on but no passenger was in the car)
  • $1 million commercial policy (if a ride was in progress)

Navigating these layers of insurance can be complex. The Collins Law Firm understands rideshare liability laws and will determine which policy applies to your case.

Why Passengers Often Need Legal Help

Insurance companies know that passengers have strong claims — and they often respond by delaying, disputing medical costs, or offering low settlements. Without experienced legal counsel, victims risk accepting less than they deserve.

The Collins Law Firm levels the playing field. We manage all insurer communications, gather medical and accident evidence, negotiate aggressively for full compensation, and — when necessary — take the case to court.

Time Limits for Filing a Claim in Illinois

In Illinois, the statute of limitations for most car accident injury claims is two years from the date of the crash. However, evidence weakens over time, and insurance companies exploit delays.

Contact The Collins Law Firm as soon as possible so we can secure witness statements, medical documentation, and police records before they’re lost or altered.

Why Choose The Collins Law Firm

For decades, The Collins Law Firm has fought for Illinois residents injured by negligence — from car crashes to catastrophic injuries. Our attorneys combine legal skill with compassion and persistence, ensuring that victims and families are never outmatched by insurance corporations or defense teams.

We’ve recovered millions for clients in car, truck, and pedestrian accidents throughout the Chicago metro area and across Illinois — and we’re ready to fight for you.

Call The Collins Law Firm Today

If you were injured as a passenger in a car accident, you have the right to full and fair compensation. Don’t let insurers minimize your injuries or delay justice.

Call The Collins Law Firm today to schedule your free consultation. Our attorneys will explain your rights, investigate your case, and help you pursue every available source of recovery.

Get justice. Contact The Collins Law Firm now.

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