This form is a sample personal injury complaint filed by the guest passenger in a vehicle involved in accident.
Illinois Complaint regarding Auto Accident (Guest Passenger vs Defendant Driver)
State:
Multi-State
Control #:
US-PI-0290
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint Regarding Auto Accident (Guest Passenger Vs Defendant Driver)?
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FAQ
Both fault-based and no-fault insurance laws are prevalent in the United States. However, Illinois is not a no-fault state, but it is an at-fault or tort state with comparative negligence laws. Drivers are responsible for covering the other party's damages if they are more than 50% at fault for an accident.
The general rule is this: if the at-fault driver was operating the vehicle with permission from the owner, the owner is liable for the accident. This is the ?permissive use? principle, stated in California Vehicle Code section 17150. This principle also makes sense in terms of insurance.
In the State of Illinois, auto insurance follows the car. Drivers allowed to use the car, like a family member or anyone under the owner's insurance, will be covered in case of an auto accident. In case the owner loaned the vehicle to a friend, the owner will most likely foot the bill.
Even in a cut-and-dry case where an insured driver is on the policy and at fault, it can be difficult to get the payout you're entitled to. When a driver is not listed on the insurance policy, the insurer may dispute liability (or fault) because the person involved isn't covered.
Car insurance generally follows the car instead of the driver, so the car owner's insurance will cover the crash, even if someone else is driving. On the other hand, if your car is taken without permission or the driver is not licensed, the driver is responsible.
Each driver involved in an Illinois traffic crash must file a crash report if the crash caused a death, bodily injury, or more than $1,500 of property damage when all drivers are insured. If any driver does not have insurance, the threshold is $500.
When someone borrows your car and causes an accident, any claims for damages by other parties are made against your insurance policy. If the cost of losses or damages caused by the accident is more than your policy limit, you may be personally responsible for paying the balance.
The owner's insurance is liable only for those accidents where the owner authorized or consented to the driver's use of the vehicle.