Getting into a car crash is always stressful, regardless of how severe it is. Even a minor fender bender can ruin your day between dealing with the other driver, going to a mechanic, and dealing with insurance companies. If you’re not even the one at fault, the stress can be even more intense — you were put in a predicament solely based on the negligence of another person.
So what happens when you get into a crash and you’re not at fault? How does insurance work? Here we’ll go over this and more.
What is Illinois’ Fault-Based Insurance System?
Illinois has a fault-based insurance system, meaning that the person who is responsible for the car crash is liable for any damages of any injured party. In no-fault states, on the other hand, drivers are able to file claims with their own insurer, even if they were the ones at fault. Essentially, Illinois law holds accountable the individual driver who is deemed to be at fault.
But in order for this system to work properly, the responsible party needs to be determined.
Determining Fault in Illinois Car Crashes
In all honesty, I’m not a huge fan of the phrase “car accident” because “accident” implies that nobody is at fault or that it was unavoidable. With all car CRASHES/COLLISIONS, someone is at fault. Of course, no one intends to, for example, run a red light or disregard a stop sign, but intent has nothing to do with fault. If you aren’t paying attention behind the wheel and cause a crash, it’s not an “accident.” You are at fault.
Illinois is a state that recognizes the comparative negligence doctrine. Comparative negligence means that if you are found to be more than 50% at fault for a crash, you cannot recover damages. If, however, you are found to be partially at fault, the damages you are awarded will be reduced accordingly.
For example, if a jury awards you $100,000 in damages, but finds you to be 25% at fault for the crash, your recovery will be reduced by $25,000.
But how is fault actually determined?
How Fault is Determined in Illinois Car Crashes
It may come as no surprise, but determining fault requires evidence:
- Police reports
- Witness statements
- Vehicle damage assessments from mechanics
- Dashcam footage
- Pictures and other video
- Expert testimony
This is why I stress to my clients to save records and collect as much evidence in the moment as possible. Obviously, in situations where medical attention is necessary, that takes priority. But in lesser situations, documenting the scene of the crash as much as possible is critical to proving fault and winning your case.
What to Expect from the At-Fault Driver’s Insurance
Collecting damages from the at-fault driver is the ultimate objective. After all, they put you in this position, so they should make you whole with “compensatory damages” (money meant to compensate for loss). Their liability coverage should be able to cover:
- Medical bills from injuries resulting from the crash
- Vehicle damage
- Lost wages if injuries caused you to miss work
- Future medical bills if you require physical therapy or other ongoing treatment
- Other expenses that you’ve incurred as a result of the crash
- All “non-economic” losses such as pain, suffering, loss of normal life, disfigurement, etc.
Keep in mind that, in most cases, the statute of limitations for a personal injury suit in Illinois is two years, meaning you have two years from the day of the incident to file a claim. But don’t take that as an invitation to procrastinate — the sooner your claim is filed, the more likely you are to find justice.
What if the At-Fault Driver is Uninsured or Underinsured?
Since you’re seeking damages from the at-fault party’s insurance company, finding out they’re an uninsured motorist or underinsured motorist (UM/UIM respectively) is a major concern. This law is also applicable in hit-and-run crashes where you don’t know who the other driver is. Legally, the unknown driver is considered to be “uninsured.”
In this situation, you need to file a UM claim with your own insurance company as soon as possible. Provide them with the necessary documentation — police report, medical records, etc. and cooperate with your insurance company’s investigation. They’ll determine fault and assess damages on their own. That being said, they are an insurance company. They’ll do their best not to pay out, so if you need to dispute their claims, you may need to engage the legal system for arbitration.
Brian Lewis Can Help You Protect What Matters Most
Whether you’ve been injured in a car crash or have lost a loved one due to someone’s negligence, Brian Lewis is an experienced Chicago car accident lawyer who has helped people like you achieve justice since 1997. He will walk you through every step of the process, lifting the burden off your shoulders and giving you the knowledgeable representation that you and your loved ones deserve. Brian’s litigation experience and passion for holding people accountable have allowed him to win more than $150 million in damages throughout the course of his career.
Contact Brian Lewis today if you’ve been injured in a car crash.
