After a car accident in Illinois, one of the first questions many drivers have is whether the state follows a no-fault insurance system. The answer is simple but important: Illinois is not a no-fault state. Instead, it follows a traditional fault-based system that determines which driver is responsible for paying damages after a crash.
Duncan Law Group has been helping clients secure the compensation they need after their personal injury for years. We make sure that clients trusting us with their claims are well informed about the law surrounding the accident and work with them to seek justice.
What Does It Mean to Be a No-Fault vs. At-Fault State?
In no-fault states, each driver’s insurance company pays for their medical bills and certain financial losses after a crash, regardless of who caused it. These benefits are typically covered under personal injury protection (PIP) coverage, which is mandatory in those states.
Illinois, however, operates under an at-fault system. This means the driver who is found responsible for causing the accident is also responsible for paying for the other party’s damages, such as medical bills, lost wages, and vehicle repairs. Victims can seek compensation by filing:
- A claim with the at-fault driver’s insurance company
- A claim with their own insurance provider (in limited situations)
- A personal injury lawsuit against the negligent driver
Because Illinois is an at-fault state, proving liability is essential. The insurance company or the court will determine fault based on evidence such as police reports, witness statements, photos, and expert analysis. Drivers who suffer an accident because of someone else's negligence need the support of an experienced attorney. Our knowledgeable car accident attorneys know how to prove negligence and secure fair compensation for those injured due in a motor vehicle accident.
Does Illinois Follow Comparative Negligence Laws?
Yes. Illinois uses a modified comparative negligence system, which means that more than one driver can share responsibility for a car accident. Under Illinois law, you can recover damages if you are found to be 50 percent or less at fault. However, your compensation will be reduced by your percentage of fault.
For example, if you are awarded $100,000 for your injuries but are found to be 20 percent responsible for the crash, your recovery will be reduced to $80,000. If you are more than 50 percent at fault, you cannot recover any damages.
This system encourages fairness by allowing partially at-fault victims to recover compensation while preventing those who bear the majority of responsibility from collecting damages. A skilled car accident lawyer can determine your level of fault to ensure you are treated fairly within the state’s modified comparative negligence system.
How Fault Is Determined in Illinois Car Accidents
Determining fault in an Illinois car accident involves evaluating evidence to identify which party acted negligently. Common forms of negligence include distracted driving, speeding, failing to yield, running red lights, or driving under the influence.
Insurance companies typically begin an investigation after a claim is filed. They may review police reports, inspect vehicle damage, interview witnesses, and analyze photographs or video footage from the accident scene. If fault is disputed, an attorney can conduct an independent investigation to gather evidence that supports your version of events.
In some cases, both drivers may share some degree of responsibility. Comparative negligence rules will determine how damages are divided.
What Drivers Should Know Before Filing a Claim in Illinois
Understanding Your Own Insurance Coverage Options
Illinois requires all drivers to carry minimum liability insurance coverage of:
- $25,000 for injury or death to one person
- $50,000 for injury or death to two or more people
- $20,000 for property damage
In addition to liability coverage, Illinois drivers must also carry uninsured motorist (UM) coverage, which protects you if you are hit by a driver who has no insurance or in a hit-and-run situation. Underinsured motorist (UIM) coverage is also strongly recommended, as it covers you if the at-fault driver’s insurance is not enough to pay your damages.
How Long Do I Have to File a Claim?
In Illinois, the statute of limitations for car accident lawsuits is generally two years from the date of the accident for personal injury claims and five years for property damage claims. Failing to file within this timeframe typically means you lose your right to seek compensation. There are some exceptions that can extend or shorten this period. For example, if the at-fault driver was a government employee or agency, special notice requirements may apply.
Speaking with an experienced Illinois car accident attorney as soon as possible ensures that your claim is filed correctly and on time.
Why Choose Duncan Law Group for Your Illinois Car Accident Claim
At Duncan Law Group, we have extensive experience handling car accident and personal injury claims throughout Illinois. Our team understands the state’s at-fault system and knows how to build strong claims that secure the compensation you deserve.
We handle every stage of your case, from investigating the cause of the accident and gathering evidence to negotiating with insurance companies and pursuing litigation when necessary. This means that if negotiations break down because the insurance company doesn’t offer a fair settlement, we can fight for full compensation for your damages. Our firm is dedicated to protecting the rights of accident victims and ensuring that negligent drivers are held accountable.
When you work with our team, you can expect personalized attention, honest advice, and strong advocacy focused on achieving the best possible outcome for your case.
If you have questions about Illinois car accident laws or need help filing a claim, contact Duncan Law Group today. Our attorneys are ready to guide you through the process and help you recover the compensation you deserve.
Contact Duncan Law Group Today for a Free Consultation
If you have been injured in an auto accident in Illinois, do not face the insurance companies alone. Reach out to Duncan Law Group for skilled legal guidance.
Contact us today at (312) 202-3283 to schedule a free, confidential consultation.
Our team proudly represents clients in Chicago and throughout Illinois, helping accident victims move forward with confidence and peace of mind.
