Can You Get Compensation If a Family Member Caused a Car Accident?

 Posted on July 22, 2026 in Car Accident

If you’re injured in a car accident caused by a family member, you can generally still seek compensation. Family members are not exempt from the responsibility to keep their passengers and other drivers safe. 

Car accident injuries may be serious and result in expensive or long-term medical bills. Compensation from the at-fault driver’s insurance may help cover these costs, even when that driver is a family member. An Arlington Heights car accident attorney can explain how a claim against a family member works.

Can You Sue a Family Member for a Car Accident in Illinois?

Illinois used to have some rules against suing family members like spouses. These rules are no longer in force in 2026. Family members can be held liable for car accident injuries just like any other driver with a few exceptions. This may include a spouse, parent, adult child, sibling, or any other relative. 

Is it Ethical to Sue a Family Member for a Car Accident Injury?

Many people are uncomfortable with the idea of taking legal action against a family member. It’s important to remember that many claims are resolved through insurance negotiations without going to trial. Although the family member is generally named as the defendant, their insurance company usually handles the defense and pays covered damages up to the policy limits. Every driver of a vehicle is required to carry insurance per Illinois's mandatory insurance law (625 ILCS 5/7-601). The insurance company pays up to the policy limits, and your relative might face personal responsibility if the damages exceed the policy limits or insurance does not cover the claim.

Does It Matter If the Family Member Who Caused the Accident Lives With You?

Whether the person who caused the accident is in your household may have an effect on your case. Some auto insurance policies contain a household exclusion clause. This may deny coverage for injuries to people who live in the same home as the policyholder on the theory that family members might collude to file false claims. Illinois courts generally enforce valid household exclusions, although whether an exclusion applies depends on the policy language and circumstances.

A household exclusion doesn't automatically end your claim. An attorney can review the policy language, check whether the exclusion is enforceable, and look at other coverage that might apply (i.e., uninsured or underinsured motorist coverage on a separate policy).

Can You Recover Damages if You Were Partly at Fault for an Illinois Car Accident?

Being partially responsible doesn't automatically bar you from recovering compensation, but it can reduce how much you receive. Illinois follows a modified comparative negligence rule. This means your compensation is reduced by your percentage of fault. You're barred from recovering anything if you're found more than 50 percent responsible.

What Should You Do After a Car Accident Involving a Family Member?

Claims involving family members follow many of the same procedures as any other car accident. After the wreck, do the following if you are able: 

• Seek medical care right away and follow up on treatment recommendations.

• Report the crash to police or verify that someone else has reported it.

• Get the family member's insurance information, just as you would from a stranger.

• Keep records of medical bills, lost income, and other accident-related costs.

With family members in particular, it may be tempting to take the first settlement offer you are given by the insurance company in order to get the ordeal over with. Don’t rush the settlement process if you have significant medical bills, though. Check that you are being fairly compensated for your injuries. If you are unsure what fair compensation looks like, speak to a personal injury lawyer.

How Long Do You Have to File a Car Wreck Claim in Illinois?

Illinois law generally gives you two years from the date of the accident to file a personal injury lawsuit. This may seem like ample time, but filing sooner means working with fresher evidence and avoids the risk of missing the deadline. 

Call a Schaumburg, IL Car Accident Attorney Today

Filing a claim against a relative's insurance can feel uncomfortable, but in reality, it’s very similar to filing any other accident claim. Our Arlington Heights personal injury lawyers are local attorneys who genuinely value the communities we serve and can help you navigate a potentially awkward case. We have many decades of combined experience and millions of dollars in successful verdicts for clients. 

Call Newland & Newland, LLP at 847-797-8000 today to schedule your free consultation.