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Ilinois Guest Statute

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mikejanf

Guest
Illinois. My mother-in-law was seriously injured in an auto accident in Illinois. She was a passenger in a car that struck a tree. The driver was not negligent. He passed out due to an illness. We have been told that Illinois has a "guest statute" and so the driver's insurance company is not liable to pay for any medical bills. Does the state of illinois have such a staute?
 


racer72

Senior Member
Yes it is true.



(625 ILCS 5/)

ARTICLE II. LIABILITY TO << GUESTS>> (625 ILCS 5/10-201) Sec. 10-201. Liability for bodily injury to or death of << guest>> . No person riding in or upon a motor vehicle or motorcycle as a << guest>> without payment for such ride and who has solicited such ride in violation of Subsection (a) of Section 11-1006 of this Act, nor his personal representative in the event of the death of such << guest>> , shall have a cause of action for damages against the driver or operator of such motor vehicle or motorcycle, or its owner or his employee or agent for injury, death or loss, in case of accident, unless such accident has been caused by the willful and wanton misconduct of the driver or operator of such motor vehicle or motorcycle or its owner or his employee or agent and unless such willful and wanton misconduct contributed to the injury, death or loss for which the action is brought. Nothing contained in this section relieves a motor vehicle or motorcycle carrier of passengers for hire of responsibility for injury or death sustained by any passenger for hire. This amendatory Act of 1971 shall apply only to causes of action arising from accidents occurring after its effective date. (Source: P. A. 77-1482.) (625 ILCS 5/10-202) Sec. 10-202. Liability of employer in regard to ridesharing. (a) An employer shall not be liable for injuries to passengers and other persons resulting from the operation or use of a passenger car or commuter van in a ridesharing arrangement which is not owned, leased, contracted for or driven by the employer, and for which the employer has not paid wages to an employee for services rendered in driving the vehicle, provided, that wages shall not include a portion of the fares collected by the driver and shall not include expenses for gasoline or passenger car or commuter van repairs. (b) An employer shall not be liable for injuries to passengers and other persons because he provides information, incentives or otherwise encourages his employees to participate in ridesharing arrangements. (Source: P.A. 83-1091.)
 

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