If you’ve been in a car crash, it’s important to know whether or not you live in a no-fault state because it greatly affects how claims are handled. In no-fault states, it’s harder to sue the other driver unless your injuries are considered serious or reach a certain monetary threshold. There are only twelve no-fault states as of 2025, so let’s dive in and find out what this means and how they differ from their at-fault, aka tort, counterparts.
What Does “No-Fault State” Mean?
In no-fault states, your own car insurance pays for your medical bills and certain other expenses, regardless of who caused the crash. Theoretically, this allows for faster payouts since fault doesn’t need to be determined for basic injuries. On the other hand, it also limits the legal power of those involved with the crash. No-fault states require personal injury protection (PIP) insurance, which can cover things like lost wages, medical expenses, household services, and other costs associated with a car crash. But because your own insurance pays for these things, it’s much harder to sue the other party unless gross negligence was involved or if the crash is severe enough.
Is Illinois a No-Fault State?
No, Illinois is not a no-fault state; it is an at-fault state. This means that in the event of a crash, the driver who is found at fault is responsible for paying damages. In other words, all claims go through the responsible party’s insurance.
As of 2025, the following states are the only no-fault states in the country:
- Florida
- Hawaii
- Kansas
- Kentucky (choice no-fault)
- Massachusetts
- Michigan
- Minnesota
- New Jersey (choice no-fault)
- New York
- North Dakota
- Pennsylvania (choice no-fault)
- Utah
Kentucky, New Jersey, and Pennsylvania are all fairly unique in that they are “choice no-fault” states, meaning drivers can opt out of the no-fault system and retain the right to sue after any accident.
But why does this actually matter? Well, it matters because in at-fault states, fault must be proven in order to decide who is responsible for paying out damages, meaning collecting evidence is critical.
Furthermore, Illinois has a specific rule, called the comparative negligence rule. This means that in Illinois, responsibility for any crash is doled out in percentages. For instance, you can be found to be 20% at fault for a crash, and the damages you are entitled to will be adjusted accordingly.
Key Differences Between No-Fault and At-Fault States
| No-Fault State | At-Fault State | |
| Medical Bills | Your own insurance (PIP) | At-fault driver’s insurance |
| Right to Sue | Limited | Broad; can sue for all damages |
| Claim Process | Streamlined, less litigation | Investigative, usually involve lawyers |
| Fault Matters? | No (for minor claims) | Yes; always matters |
How This Impacts Your Car Accident Case in Chicago
If you’ve been involved in a car crash in Illinois, you must prove that the other party holds the majority of fault in order to receive any form of monetary damages. Police reports, witness statements, photos/videos, medical records, etc. are all critical pieces of evidence that you need to make your case.
It’s also no secret that insurance companies will take every measure they can to reduce or deny claims, which is why it is so crucial to have an experienced personal injury attorney at your side. If you speak to the insurance company by yourself, they may try to box you into a corner or make you say something that they can use against you when seeking damages. But an attorney will deal with these companies on your behalf to help build an airtight case.
Call a Lawyer No Matter the Situation
If you’ve been in a car crash, there’s a chance that you’re entitled to monetary damages to cover medical bills, lost wages, pain and suffering, and more. Throughout my career, I’ve helped countless clients in Illinois win hundreds of millions of dollars in damages by collecting evidence, dealing with insurers, and protecting your rights.
You’ve got nothing to lose by scheduling a free consultation. My fees are all contingency-based, meaning you don’t pay anything until we’ve won your case together.Give me a call today to find out more.
