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Passenger options in vehicle accidents

On Behalf of | Aug 26, 2021 | Firm News

Vehicle accidents in Chicago, Illinois, are nerve-wracking for not only the drivers but also the passengers concerned about their safety and health. However, many injured passengers don’t know how to file a claim after an accident. There are some steps that an injured passenger can take to get compensation for their injuries.

Overview of third-party claims

Every driver in Illinois must buy the minimum amount of liability insurance to drive their vehicle legally. Minimum liability covers the cost of medical bills and property damage to the policy limit.

Illinois is an at-fault state, which means the at-fault driver must pay for damages using their own insurance. The at-fault driver could be the driver of the vehicle in a single-vehicle auto accident, or it could be one or both drivers in a two-vehicle accident. Under comparative fault laws, Illinois allows individuals to sue both parties if both are found at fault.

If a passenger gets injured, they may contact the responsible driver’s provider and file a third-party claim. The driver should give them this information at the scene of the accident or shortly after, or they can contact the police.

Passengers and their own insurance

The injured passenger may use their own med pay coverage, which comes in handy in several situations. If multiple parties are injured, it can get complicated to recover full damages. Injury cases can take a long time to process, so passengers may not want to wait on both drivers to settle.

In many cases, the injured party cannot file a claim against a relative’s provider if they are covered under it and live with them. When health care costs exceed policy limits, they may use their own health insurance. However, the patient must still pay some out-of-pocket costs, such as copays and deductibles.

It is commonly easier for an injured passenger to make a claim than a driver. However, passengers must undergo medical treatment and heal to the best improvement before making a claim.