What Are Your Rights If You Were Injured as a Passenger in a Car Accident in Illinois?

 Posted on June 11, 2026 in Car Accidents

According to the Illinois Department of Transportation, passengers represented 25.2 percent of all people injured in Illinois car crashes in 2024, leaving tens of thousands of people dealing with injuries, medical bills, and missed work through no fault of their own. Many of them are not sure whether they can file a claim or who would be responsible for paying their damages. 

The good news is that passengers have strong legal rights in Illinois and can typically pursue full compensation without the fault arguments that drivers face. If you were hurt as a passenger in 2026, a Glenview, IL personal injury attorney can help you understand your options.

Can a Passenger File a Personal Injury Claim in Illinois?

Illinois law gives injured passengers a path to compensation after a car accident. Under the state's modified comparative fault system, 735 ILCS 5/2-1116, a person's recovery is reduced by their share of fault and barred entirely if they are more than 50 percent responsible. Because passengers do not control the vehicle, they are rarely assigned any fault. 

In limited circumstances, an insurer may argue that a passenger contributed to the crash by distracting the driver or interfering with the vehicle's controls, but such arguments are difficult to sustain. In most cases, an injured passenger can file a personal injury claim against the at-fault driver and pursue full compensation for their losses.

Whose Insurance Covers a Passenger Injured in a Car Accident in Illinois?

Where your compensation comes from depends on who caused the crash.

If a driver outside your vehicle was at fault, your claim will be against that driver's liability insurance. Under 625 ILCS 5/7-203, Illinois law requires drivers to carry minimum liability insurance of $25,000 for injury or death to one person, $50,000 for injury or death to more than one person, and $20,000 for property damage. If those limits are not enough to cover serious injuries, underinsured motorist coverage may help if an available policy applies.

If the driver of the car you were riding in was at fault, you can still file a claim against their liability insurance. Many passengers hesitate to do this when the driver is a friend or family member, but the insurance company, not the driver personally, usually pays the full claim.

In some crashes, both drivers share fault. In that situation, you may have claims against both insurance policies.

What Damages Can an Injured Passenger Recover in Illinois?

Passengers hurt in car accidents can seek compensation for both economic and non-economic losses. Economic damages cover costs with a direct dollar value, including:

• Medical bills, such as emergency care, surgery, and physical therapy

• Lost income if your injuries kept you out of work

• Future medical expenses if ongoing treatment is needed

Non-economic damages cover losses that are harder to assign a number to, including pain and suffering, emotional distress, and reduced quality of life. Together, these categories can add up to a significant amount depending on how seriously you were hurt.

What Should a Passenger Do After a Car Accident in Illinois?

Seek medical attention right away, even if your injuries feel minor at first. Soft tissue damage and concussions often do not show full symptoms immediately, and a medical record from shortly after the crash creates an important link between the accident and your injuries that insurers will scrutinize.

At the scene, collect the names and insurance information of both drivers, contact information for any witnesses, and photos of the vehicles and the surrounding area. Call the police so there is an official record of what happened.

When the insurance company contacts you, do not give a recorded statement before speaking with an attorney. Adjusters use recorded statements to find inconsistencies that reduce the value of a claim.

How Long Does a Passenger Have to File an Injury Claim in Illinois?

Under 735 ILCS 5/13-202, Illinois sets a two-year deadline to file a personal injury lawsuit, starting from the date of the accident. Missing that deadline means losing your right to sue entirely, even if the other driver was clearly at fault. 

It is worth knowing that insurance companies are aware of this deadline and may delay negotiations, hoping you run out of time. Consulting an attorney protects you from that tactic and gives your legal team time to gather evidence, review medical records, and build a complete picture of your damages.

Contact a Cook County, IL Car Accident Attorney for a Free Consultation

If you were hurt as a passenger in a car accident, the attorneys at Gruzmark Law, Ltd. can review your case, identify all available insurance coverage, and fight for the full compensation you are owed. Call 847-729-7660 to schedule a free consultation with our Glenview, IL personal injury lawyers. Our team speaks Russian and Mongolian.