Key Takeaways:
- Illinois is NOT one of the 16 no-fault states, but rather an at-fault state.
- Insurance companies look at state laws and the details of the accident to determine fault.
- An attorney can help you dispute fault if you disagree with the insurance company’s determination of fault.
What is a No-Fault State?
In a no-fault state, motorists must carry personal injury protection insurance (PIP) as opposed to liability insurance required in at-fault states. PIP insurance covers medical expenses, lost wages, and other damages that can result from a car accident. In a no-fault state, injured drivers are not required to prove fault to receive compensation for injuries or damaged property resulting from an accident.
Essentially, the difference between no-fault and at-fault states is that in no-fault states, drivers turn to their own insurance to pay in an accident regardless of fault, whereas in at-fault states, injured drivers turn to the at-fault driver’s insurance to cover the bill.
A major drawback of a no-fault state is that options are limited in case a motorist’s insurance does not cover all of the expenses related to the accident.
Is Illinois a No-Fault State?
There are 16 states with no-fault insurance laws, however, Illinois is NOT a no-fault state but rather an at-fault state. Meaning, if you’re injured in a car accident in Illinois, the person at fault is responsible for paying damages. And it’s much easier to file a lawsuit in case the insurance settlement does not cover expenses.
Who Determines Fault in an Accident
Since Illinois is an at-fault state, proving fault in an accident is vital. But you may be asking, who determines fault in an accident? Generally, insurance companies are tasked with determining fault based on details from the accident and state laws.
Comparative Fault in Illinois
Negligence law in Illinois recognizes the principle of modified comparative fault in an accident. As long as you are less than 50% at fault for your crash, you may still be entitled to compensation. However, the amount you are owed is reduced based on the percentage of fault.
For example, if you are 30% at fault for an accident and your damages amount to $30,000, your award would be reduced by 30% or $9,000. You would then be awarded the remainder of $21,000.
Important Evidence in an Accident
Insurance companies will also use details of the accident to paint a picture of what happened and who is at fault. They will usually examine witness statements, traffic cameras, police reports, and any other evidence from the accident.
Additionally, the insurance companies will speak to all parties involved to get their side of the story. It is often recommended that you speak with an attorney before speaking with any insurance company.
Contact an Attorney to Dispute Fault in an Accident
Proving fault in an accident can be straightforward at times, or it could become extremely complicated. At the end of the day, the insurance company was not at the scene of the accident. If you were involved in an accident and you do not agree with the insurance company’s determination of fault, you don’t have to go it alone.
An experienced attorney at Disparti Law Group Accident & Injury Lawyers will have the skills and expertise to negotiate with insurance companies and get you the compensation that is rightfully yours.
For a FREE consultation, contact us today at (312) 600-6000 and find out why thousands say… Larry wins!
