Different states have different laws about car accidents, especially about who pays for injuries and damage. Some states are “fault” states, which means the person who caused the accident is responsible for paying. A “no-fault” state requires each driver’s insurance to pay for their costs, no matter who caused the crash. Drivers in Illinois need to know that their state is a “fault” state. This means that if you cause an accident, you will be responsible for paying the other person’s costs. A skilled car accident attorney in Illinois knows how the fault process works in the state.
Illinois is a Fault-Based State
Illinois is not a “no-fault” state. It uses a “fault” system, which means that the person who causes a car accident has to pay for the damages. Drivers must understand this system because it affects things like insurance claims, lawsuits, and getting money back for injuries.
Illinois law requires all drivers to carry liability insurance that covers specific amounts.
- $25,000 for bodily injury or death of one person in a single accident.
- $50,000 for bodily injury or death of two or more people in a single accident.
- $20,000 for property damage in a single accident.
In addition to liability insurance, Illinois drivers must carry uninsured motorist coverage.
How Fault is Determined in Illinois
After a car accident in Illinois, figuring out who is at fault is essential for insurance claims and any legal issues. People look at evidence from the accident scene to decide who’s at fault. This includes things like the police report, what witnesses say, and any accident videos. The insurance companies involved will also investigate to determine who caused the crash.
Sometimes, it’s easy to see who’s at fault, like if a driver runs a red light. Other times, it’s more complicated and requires a closer look at what happened. If the people involved disagree on who’s at fault, they might have to go to court to settle it.
Illinois law follows a “modified comparative fault” rule. This means that the injured person can recover compensation for damages as long as they were not more than 50% responsible for the accident. The injured party’s percentage of fault reduces the compensation they receive. For instance, if a driver is found to be 20% at fault for the accident, they would only be able to recover 80% of the total damages. This rule encourages accountability because partial fault can affect the outcome of any claim or lawsuit. Suing based on the comparative fault standard is complex and requires a skilled litigator to argue in court.
Filing a Claim in a Fault-Based State
Drivers involved in an accident have a few options for seeking compensation. Those options depend on the circumstances of the crash and who is at fault.
- Filing a Claim with the At-Fault Driver’s Insurance
- Filing a Claim with Your Insurance
- Filing a Lawsuit
Filing a lawsuit is a complex process and will require help from a personal injury attorney skilled in Illinois law. The Fabbrini Law Group can argue your case and provide legal support. Our skilled attorneys understand the complex nature of auto accidents. Drivers must ensure they have adequate insurance coverage to protect themselves in an accident.If you’ve been involved in a car accident in Illinois, working with an experienced personal injury attorney can help you navigate the claims process and ensure you receive the compensation you deserve. For experienced legal assistance following a car accident, please contact us online or call 312-494-3131.