Does Car Insurance Cover Passenger Injury in Illinois?

When someone comes to our Chicago-based firm after a serious car accident, one of the first questions we hear is: Does car insurance cover passenger injury in Illinois? Harmed passengers often face medical bills, lost income, and uncertainty about whose insurance company must pay. We stand with you from the very beginning, and as Chicago auto accident lawyers, we help you understand how Illinois insurance laws apply and what steps you can take to protect your rights. You’re not alone, and we believe in your case.

How Bodily Injury Liability Insurance Covers Injured Passengers

Bodily injury liability insurance is the primary protection for harmed passengers when the driver of the vehicle is the at-fault driver. Under Illinois car accident insurance coverage laws, this liability coverage pays for medical expenses, lost wages, pain and suffering, and other damages tied to personal injury.

Illinois requires every insured driver to carry liability protection under 625 ILCS 5/7-601, and minimum bodily injury liability limits under 625 ILCS 5/7-203. When a car crash occurs, the driver’s insurance company typically becomes responsible for compensating a passenger involved, up to the policy’s coverage limits.

This compensation may include:

• Medical bills and future treatment
• Lost income and diminished earning ability
• Pain, suffering, and other human damages
• Other expenses from the accident

Even though these claims fall under liability insurance, passengers must still follow the standard claims process, including documenting treatment, securing medical records, and ensuring a police report is filed. While liability protection also includes property damage liability, that portion applies to vehicles or damaged property, bodily harm insurance is what covers passengers.

As a car accident attorney team, we help harmed passengers navigate these requirements and ensure their rights are protected from the very start.

Can Injured Passengers File an Insurance Claim Against Other Drivers?

Harmed passengers may file a claim against:

• The driver of the vehicle they were riding in: If the driver caused the auto accident, passengers may pursue compensation through that driver’s insurance policies, including liability coverage.
• The at-fault driver of another vehicle: When a different motorist causes the insured vehicle to crash, harmed passengers may pursue an insurance claim through the at-fault driver’s insurance.
• Both drivers (in comparative negligence situations): Under Illinois Comparative Negligence Law (735 ILCS 5/2-1116), fault may be shared between multiple drivers. In these scenarios, passengers may pursue fair compensation from more than one insurer. If multiple vehicles contributed to the crash, passengers can file claims with each carrier until the maximum amount of available coverage is reached.

Stackable Policies and Multiple-Liability Scenarios

Depending on each driver’s policy terms, passengers may access:

• Multiple liability protection limits
• Excess or umbrella policies
• Personal injury protection (if purchased)
• Additional layers through their own insurance company policies

Illinois does not guarantee stackability, but many insurers allow it when multiple negligent parties are involved. We help our clients identify every available layer of insurance coverage so they can seek compensation for all injuries sustained. Exploring all available policies allows harmed passengers to pursue the maximum compensation permitted under Illinois law.

Are Passengers Covered When the Driver Is a Family Member or Friend?

When a passenger present during a crash was riding with a family member or friend, coverage depends on:

Household Exclusion Rules

Some auto insurance carriers restrict claims made by resident relatives. These same household exclusions limit when a person living at the same address as the driver can recover under the driver’s car insurance.

Permissive Use

If the passenger was riding with permission, the vehicle is generally covered under the driver’s auto insurance, even if someone else was operating it. Illinois follows the permissive use doctrine, meaning insurance usually applies as long as the vehicle was used with consent.

Liability Limits

Claims may be limited by the policy’s coverage limits. If damages exceed those limits, passengers may need to turn to:

• Their own insurance (MedPay, UM/UIM)
• Other at-fault parties
• Medical insurance

When passengers are hurt while riding with a friend or family member, it often creates sensitive conversations, especially when the insurance company pressures them to minimize harm. We stand with you and help you navigate these dynamics with compassion.

How Your Own Insurance Can Help After a Passenger Injury

Even though the driver’s insurance typically applies first, passengers may also access their own insurance:

Medical Payments Coverage (MedPay)

MedPay helps pay medical bills immediately, regardless of fault. It covers emergency treatment, diagnostic testing, and other early medical attention after a car accident.

Uninsured/Underinsured Motorist Coverage (UM/UIM)

If the at-fault driver had no insurance or carried low policy limits, passengers may file a UM/UIM insurance claim with their own insurer. However, while comprehensive coverage can address damage to your own car from non-collision events, it does not provide payments for medical care after a passenger injury.

Health Insurance

Health insurance may step in when auto policies delay payment or when treatment is needed quickly. However, health carriers often assert reimbursement rights once a settlement is reached.

Primary vs. Secondary Coverage

Typically:

• Bodily injury liability = primary
• MedPay or UM/UIM = secondary
• Health insurance = last payer

We help clients coordinate between policies to avoid unnecessary delays and to ensure every layer of insurance covers the expenses it should.

Does Car Insurance Apply If the Passenger Was in a Ride-Share, Taxi, or Commercial Vehicle?

When a passenger involved in a car accident is riding in a commercial or ride-share vehicle, special insurance rules apply.

Ride-Share Vehicles (Uber/Lyft)

Under the Transportation Network Provider Act, (625 ILCS 57/), ride-share companies must carry tiered insurance coverage that includes:

• Liability coverage while the app is on
• Higher limits when a passenger is in the vehicle
• Additional UM/UIM protection

If the ride-share driver is at fault, passengers may pursue the company’s liability policy. If another motorist is at fault, the passenger may claim against that driver as well.

Taxis, Limousines, and Commercial Carriers

Commercial carriers must maintain liability insurance under 625 ILCS 5/18a-301. These policies often include:

• Higher liability insurance limits
• Employer responsibility when the driver was working
• Coverage even in multiple vehicles collisions

Even though collision coverage may repair the commercial vehicle, passenger injuries must still be handled through liability protection or UM/UIM policies.

Business-Use Exclusions

If the driver was operating their personal car for business without proper commercial coverage, some insurers may deny claims. When this happens, we help identify:

• Employer liability
• UM/UIM coverage
• Additional insurance policies

These cases are complex because multiple insurers may attempt to shift blame. We stand with you to ensure every accountable party pays what they owe.

What Should Injured Passengers Do After a Car Accident in Illinois?

Passengers often feel powerless after a crash, but the steps you take can protect your rights:

• Report the accident and ensure a police report is filed.
• Get immediate medical care, even if symptoms seem minor.
• Save all medical records, bills, prescriptions, and imaging results.
• Collect insurance information for all drivers and the insured vehicle.
• Preserve evidence (photos, witness contacts, damaged items).
• Avoid giving recorded statements to any insurance company without legal guidance.
• Track your lost wages and other out-of-pocket costs.
• Follow all medical appointments and recommendations.

These steps make it easier to pursue compensation and build a strong personal injury claim.

When to Contact an Illinois Car Accident Lawyer

Not every passenger injury claim is simple. We encourage you to contact us when:

• Injuries are severe or long-term
• Liability is unclear
• Multiple insurers or other drivers are involved
• UM/UIM issues arise
• Claims are denied or delayed
• Medical liens complicate recovery
• Coverage questions involve ride-shares or commercial vehicles

As Chicago traffic accident lawyers, we guide you through complex insurance rules, negotiate with the insurance company, and help you understand every source of compensation available under state laws. We stand with you from the first call onward.

We handle these cases on a contingency fee basis, which means you never have to worry about upfront costs or hourly attorney fees. Our firm only receives a fee if we successfully recover compensation for you, allowing you to focus on healing without financial pressure.

If you were a passenger in an Illinois car accident, we’re here to explain state laws and help you file a claim. Contact us today for a free consultation.