A car accident can leave victims with physical injuries and financial burdens. A number of factors ultimately determine who will pay for property damage to a vehicle. Determining who pays for car damage depends on fault, insurance coverage, and the circumstances of the accident. Understanding the factors is necessary to protect your rights and ensure that you receive fair payment for the damages to your vehicle. An experienced car accident attorney in Illinois knows how to determine who is responsible for damages to your vehicle.
Illinois Is a Fault-Based State
Illinois is not a “no-fault” state. 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. Police reports, witness statements, and camera footage are all evidence that can be used to determine who is at fault. Once fault is established, the at-fault driver becomes liable for the damages.
Illinois follows a modified comparative negligence rule. You can recover compensation if you are less than 50% at fault for the accident, but your percentage at fault reduces your damages. You cannot recover anything if you are more than 50% at fault.
Insurance Coverage and Car Damage
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 may carry uninsured motorist coverage. Uninsured motorist coverage provides money to the accident victim if the at-fault driver is uninsured.
Uninsured motorist coverage may only cover medical expenses, but some policies also cover property damage. It is essential to review your policy to see what is covered.
Dealing with Insurance Companies
Filing an insurance claim may be a challenging process. Having a skilled attorney to help assess your damages and negotiate on your behalf may be helpful. Insurance companies strive to pay out as little as possible. Clear documentation of the accident and evidence of the damage will strengthen your claim.
It is important to be proactive about protecting yourself following an accident. Your first concern should always be your physical well-being. After making sure that you are safe, you should take the following steps to ensure that you are compensated if your vehicle is damaged.
- Report the accident to authorities as soon as possible because the police report is valuable evidence.
- Document the scene of the accident. Take photographs and videos and collect any relevant details. This information may be used to establish fault.
- Exchange information with the other drivers.
- Notify your insurance company about the accident because they can guide you on the next steps.
- Finally, consult an attorney to advise you of your legal rights.
Next Steps to Take
In Illinois, determining who pays for car damage depends largely on fault and the parties’ insurance coverage. The at-fault driver is typically responsible for property damage, but lack of insurance coverage or disputes over fault may make receiving money difficult. An experienced attorney with Fabbrini Law Group can investigate the accident and negotiate with insurance companies.
If you are involved in a car accident and unsure of your options, consult with one of our experienced Illinois car accident attorneys. For experienced legal assistance following a car accident, please contact us online or call 312-494-3131.