Car accidents are unfortunately common in Illinois, leading to thousands of injuries each year. Victims of these collisions have the right to hold negligent drivers accountable for their losses, which may include medical expenses, lost wages, property damage, and pain and suffering. If you plan to file a car accident claim in Illinois, it is important to be aware of the laws that surround the insurance and litigation processes.
Like most states, Illinois follows a fault-based system when it comes to car accidents. Any driver who causes a collision is financially liable for the damages of his or her victims. For example, if a driver runs a red light and collides with a vehicle traveling through the intersection, he or she must pay for the economic and non-economic losses that the other driver, his or her passengers, and any other victims sustain in the crash.
To uphold this financial responsibility, all drivers in the state of Illinois must carry the following minimum amounts of liability insurance.
Under this system, victims of car accidents can seek compensation by filing an insurance claim against the at-fault driver or filing a personal injury lawsuit in civil court. If the driver is uninsured or does not have adequate insurance, victims can also file an insurance claim under their own policies as long as they have the appropriate coverage.
If a victim wants to file an insurance claim after his or her accident, he or she will need to adhere to the filing deadline established by the appropriate insurance company. Some insurance companies require claims to be filed within a month of the accident, while others could impose shorter or longer deadlines.
A car accident lawsuit, on the other hand, is subject to a rule known as the statute of limitations. Under this law, victims have two years from the date of the accident to file their claim or the court will dismiss their case. If a person was killed in the accident and someone is filing a wrongful death claim on his or her behalf, the deceased’s representative has one year to file.
If you are filing a car accident lawsuit or insurance claim in Illinois, it is important to seek the help of a Chicago auto accident attorney as soon as possible. A lawyer can provide several benefits to your claim, including the following.
After you seek medical attention for your injuries, contact an attorney to discuss your optimal path to compensation.