Yes. Illinois uses an at-fault (or “tort”) system for auto insurance and motor vehicle accidents. It does not utilize a no-fault system. Under Illinois’ fault approach, the driver who causes a car accident is responsible for paying for the damages that result from the crash (usually through their auto insurance policy). In most cases, an injured victim in St. Charles, IL must show that another driver’s negligence caused the collision in order to recover compensation.
Defining Fault vs. No-Fault Systems
In a no-fault insurance system, drivers generally turn to their own insurance coverage to pay for medical expenses and certain financial losses after an accident, regardless of who caused the crash. These systems are designed to reduce lawsuits and speed up the claims process. However, no-fault coverage, also called Personal Injury Protection (PIP) coverage, often limits the types of damages a victim can recover and may exclude compensation for pain and suffering.
Illinois takes a different approach. With its fault-based system, the driver responsible for the accident must pay for the harm caused to others. Accident victims typically pursue compensation through the at-fault driver’s liability insurance.
This at-fault system applies to many types of motor vehicle accidents, including:
An injury claim allows you to recover compensation for medical expenses, lost income, property damage, and pain and suffering. If an insurer refuses to offer a fair settlement for these losses, you may also file a personal injury lawsuit in Illinois against the responsible party.
Insurance Requirements in Illinois
Illinois law requires drivers to carry minimum liability insurance coverage to help pay for damages if they cause an accident. Illinois’ minimum liability coverage requirements generally include:
- $25,000 for bodily injury or death to one person in an accident
- $50,000 for bodily injury or death to multiple people in one accident
- $20,000 for property damage in a single accident
You can choose to purchase higher coverage limits than the minimums. You may also purchase additional coverage options to provide money for their own damages after a crash. Examples include uninsured motorist protection, underinsured motorist coverage, collision insurance, and comprehensive insurance.
Modified Comparative Negligence in Illinois
Illinois also follows a modified comparative negligence rule when determining fault in car accident cases. This means that more than one party may be “at fault” for a crash.
If you are partially responsible for an accident, your compensation will be reduced by your percentage of fault. For example, if you are found to be 25 percent responsible for the crash, your total damages award would be reduced by 25 percent. However, if you share too much fault, i.e., more than 50%, you will be barred from recovering compensation in court.
Contact an Experienced Illinois Car Accident Lawyer for Help After a Crash
If you have been injured in a car accident, speaking with an experienced personal injury attorney in St. Charles, IL can help you understand your legal options and how to prove that another driver was at fault for the crash. A skilled lawyer can investigate the accident, gather evidence, and pursue the full compensation available under Illinois law.
Contact Feagans Law Group, P.C. today to schedule a free consultation and learn how our team can help you after a serious motor vehicle accident.