First Things First: What to Do Right After
Even if you physically feel unharmed, calling the police for medical attention should always be the number one priority. EMTs can rule out injuries that are hidden or delayed.
You have the right to seek compensation for medical bills, pain, or any other losses that affect you as a result of the accident.
- Get medical help, even if you feel fine. Some injuries don’t show up for days.
Your health and well-being matter most; that’s why we’re writing this. Sometimes injuries are internal or not immediately detected, but can still be severely detrimental to your health down the line.
Especially in these serious situations when your body can go into fight-or-flight, adrenaline can mask where there’s pain and if you’ll be struggling later. Because of this, calling for professional medical help first and foremost to examine your well-being will ensure your safety and provide evidence for your claim.
- Gather everything: driver names, insurance info, license plates, witness contacts.
Making sure you have everything that may be useful for a personal injury claim is important. When the police arrive, they will want a statement for their official police report or accident report, which is essential for an insurance claim. The more details you have, the easier it will be to make your claim.
Specific steps to take to strengthen your case and to help establish liability after you receive care:
- Take thorough photos of the scene, including any injuries you may have. The more details, the better.
- Do not talk to the insurance companies yet. Know that even saying “I’m fine” can be used against you.
- Gather the names of the drivers, contact information, their insurance information, and license plate numbers.
- If there are any other witnesses, ask them if you can have their contact information and their statements.
- Ask the police how you can obtain the police report, or how you may obtain it later.
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Who’s Actually at Fault and Why It Matters
- Fault vs. no-fault states:
In the United States, there are fault states and no-fault states. What this means is that in fault states, whoever caused the accident is responsible financially, and the driver’s liability insurance pays. In no-fault states, your own personal injury protection coverage pays first, no matter who caused the collision.
The good news is that Illinois is a fault-based state. This can make it easier for us to break down how we can help you get compensated if you were a passenger in an accident. Since you had no control over the collision or the events leading up to it, you hold a strong basis for a case.
- What happens if both drivers are at fault?
Illinois uses a modified comparative negligence system. This can happen when both drivers contribute to negligence that may have caused the accident, e.g., if one driver was under the influence but the other driver ran a stop sign. If one party’s insurance company argues for shared fault, that means there can be a negotiation for the percentage of fault each driver is assigned, and the portion of damages assigned is how much their insurance companies will pay for. If a driver is deemed 51% at fault or more, then that driver cannot claim compensation. The good news is this: Even if the person driving you caused the accident, since you were a passenger who had no control, you can still pursue claims against both drivers.
- Your own behavior:
At Shuman Legal, we want to be transparent with you. There are a few things that can unfortunately, affect your compensation, such as the time frame you file your claim in and not wearing a seatbelt, which can result in a traffic citation.
- Rideshares, taxis, buses, and commercial vehicles:
If the accident you were a passenger in involved any of these types of vehicles, your claim will typically involve different insurance layers. This can greatly complicate the case and extend the time it takes for a case to be finalized, as there can be multiple insurers arguing over who pays first.
Where Your Money Can Come From
Depending on the complexity of your situation, your payout may come from a variety of sources. This may include, but is not limited to:
- The driver who caused the accident’s liability insurance: Typically, the primary source of compensation.
- Your own driver’s liability or PIP coverage (Personal Injury Protection Coverage): This can help fill gaps if the at-fault driver is underinsured, and may provide additional liability coverage.
- Your personal auto insurance: If you have Medical Payments Coverage under your plan, and/or uninsured/underinsured coverage, it may step in for your benefit.
- Your health insurance: Depending on your situation, your health insurance coverage may cover treatment right away if needed. Sometimes, they will seek reimbursement from your settlement later through a process called subrogation.
- Employer liability: If an at-fault driver was driving for work at the time of the crash, such as a delivery driver or a semi-truck driver, their employer may be responsible under vicarious liability law. This often means larger commercial insurance policies will be involved as well.
- Long shots worth knowing: Sometimes an accident can be due to other causes, such as defective vehicle parts, or dangerous road design, such as poor signage or missing guardrails.
When pursuing a claim, identifying all possible sources can make a major difference in your recovery.
Building Your Claim
- Negligence in plain English:
A personal injury case means you are proving someone failed their responsibility and caused harm. There are four parts to negligence:
- Duty: The driver’s duty was to follow traffic laws and be responsible.
- Breach: They failed their responsibility.
- Causation: Their actions caused a person harm.
- Damages: You suffered damages as a result of the accident; this may include financial loss, pain, missed work, etc.
- Evidence that actually moves the needle:
Critical evidence includes police reports, medical records, photos, witnesses, and expert opinions that assist in establishing fault, serving a lot of value and credibility.
- What your claim could be worth:
Compensation can typically fall into a few categories, and numbers vary depending on the situation, such as economic damages like medical bills and lost wages, or non-economic damages as well, like loss of a normal life, pain, and suffering.
- Deadlines:
For making personal injury and wrongful death claims, the statute of limitations in Illinois runs out 2 years after the accident. This means that you cannot file a personal injury claim for an accident that happened over two years ago. You can, however, file a property damage claim within 5 years of the incident. If your claim involves a city, county, or state entity, such as a city bus, you may face shorter notice deadlines, and there are special procedures to go through. This can cause a case to move more quickly, but also be more complex.
Do You Need a Lawyer?
Proper legal representation can significantly impact your outcome. An experienced attorney would manage your entire claim, which includes investigation and collection of evidence, negotiation with the other parties to get you the best settlement outcome, and dealing with communicating with insurance companies so you don’t have to. If the case has to be prepared for court, an attorney will ensure you are trial-ready.
- Contingency fees:
At Shuman Legal, you don’t pay unless your case wins. There are no upfront costs, and no hourly billing. We only receive a percentage of your recovery.
- When to strongly consider going to court:
Some situations can make litigation more likely, but not all cases go to trial. These situations can include denied claims where insurers refuse responsibility, lowball settlements, disputes over fault, multiple vehicles or insurers, and serious or permanent injuries that can cost insurers more and make them more reluctant, putting even more pressure on a situation you may not be capable of dealing with alone.
Injured in a Car Accident?
FAQs
- Can you be sued as a passenger?
The direct answer is almost certainly not. Passengers are rarely liable because they have no control over the vehicle. Every case is different, and this can vary to shared fault under special circumstances, such as intensely distracting the driver.
- Does it matter if you weren’t wearing a seatbelt?
In the state of Illinois, not wearing a seatbelt cannot be considered evidence of negligence and should not impact what you are owed. Not wearing a seatbelt can, however, result in a small fine.
- What if there were multiple injured passengers?
Multiple passengers can file claims, but the total amount could potentially be split among each person. Insurance policies have maximum limits that depend on the at-fault driver’s coverage. Each passenger’s recovery will depend on the severity of injuries, coverage, and other insurance sources.
- Can you file a claim if you were in an Uber or Lyft?
Yes, of course. If you were a passenger in a rideshare vehicle that crashed, that often means there will be higher insurance limits, multiple layers of insurance, and you can receive a payout regardless of who was at fault.
