A Brief Guide to Illinois’ Fault Laws for Auto Accidents

If you are ever involved in a car accident in Illinois due to someone else’s fault or negligence, you have the right to compensation. Illinois follows a tort or fault system to determine who should pay in case like this.

This means anyone found legally responsible for causing the accident must pay damages to the party they injured. That is why most Illinois motorists must carry property and bodily injury damage liability insurance by law. However, this does not mean the injured can’t file a direct case against them if they want to.

On the other hand, according to the state’s comparative negligence laws, an injured party may also have to pay part of the compensation if they are found partially at fault for the accident. In this case, they are liable for paying damages up to the percentage of fault the other driver must pay.

Whether they are responsible, partially responsible or are not at fault, people who sustain damages in a vehicle accident can do one of the following:

1. File a claim with their insurance company: After the accident, the injured party can file a claim with their insurance carrier on the assumption they will be paid and then reimbursed by the at-fault party.
2. File a claim with the insurance company of the at-fault party: This can take longer because the insurance carrier of the other party will try their hardest to reduce or dispute your claim.
3. Sue the responsible party and/or their insurance company: If the insurance carrier or their client (the responsible party) refuses to pay damages, even if the injured party has a valid claim, they can file a lawsuit against them. The tables can also turn if the insurance carrier believes the injured party is exaggerating the value of their claim.

Bear in mind you have two (2) years from the date of the accident to file your claim for it to be deemed valid. Additionally, if the accident proved fatal, the family of the deceased can also file a wrongful death lawsuit against the responsible party. This must be done within one (1) year of the victim’s death,according to the state’s statute of limitations. By taking swift action, you can increase your chances of getting the compensation you deserve and need and bring the at-fault driver to justice at the same time.If you have been injured in a car accident and wish to file a claim, you need aggressive legal representation from the Law Offices of Robert. T Edens. We have been fighting for the rights of auto accident victims for the last two decades in Libertyville, Waukegan, Woodstock and Antioch, Illinois. An attorney will be assigned to your case as soon as you consult with us and will work to make sure you get the compensation you deserve and need. Have a team of professionals working to protect your rights and get the amount you deserve.