A car crash can leave you facing painful injuries, unexpected bills, and difficult questions about whether to take legal action. Illinois has specific laws that govern your right to compensation after a car accident.Â
Knowing the basics of Illinois car accident laws can help you navigate the personal injury claims process. Here’s what you should know about car accident laws in Geneva, IL.
Illinois Is an At-Fault State for Car Accidents
Illinois follows an at-fault system for car accidents. This means a person who causes an auto accident is legally responsible for the resulting damages. If another driver’s negligence caused your crash, you have the right to seek compensation from their insurance company or file a lawsuit if necessary.
All Illinois drivers are required to carry minimum amounts of auto insurance to satisfy the state’s at-fault laws:
- $25,000 for injury or death of one person
- $50,000 for injury or death of more than one person
- $20,000 for property damage
In addition, drivers must carry uninsured motorist coverage to protect themselves in the event of a collision with an uninsured or underinsured driver. However, these minimums are often not enough to cover serious injuries or losses, which is why many people pursue damages beyond the at-fault driver’s insurance policy.
Modified Comparative Fault Laws
Illinois uses a modified comparative fault rule to determine compensation when more than one party shares responsibility for an accident. Under this law, you can still recover damages if you are partially responsible for an accident (i.e., less than 51% at fault for the accident). Your compensation will merely be reduced by your percentage of fault.
For example, if you were found 20% at fault for the crash and your damages total $100,000, you would be eligible to recover $80,000. However, if you’re 51% or more at fault, you cannot recover any compensation under Illinois law.
Statute of Limitations in Car Accident Cases
In Illinois, you have a limited window of time to take legal action after a car accident. This time limit is known as the statute of limitations. For most car accident injury claims, the deadline is two years from the date of the accident. This deadline extends to five years for property damage claims.
Missing the deadline can result in your case being dismissed, even if you have strong evidence of the other party’s liability. That’s why it’s important to act quickly and consult an attorney as soon as possible after a crash.
Contact a Geneva Personal Injury Lawyer for Help After a Collision
Navigating Illinois car accident laws on your own can be challenging, especially if you’re dealing with an uncooperative insurance company. A personal injury lawyer can help you gather evidence that a negligent party caused your crash and fight for the compensation you deserve.
If you’ve been hurt in a car accident, don’t wait. Contact an experienced Illinois personal injury attorney today to explore your legal options and take the first step toward recovery. Feagans Law Group offers free consultations.