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Is Illinois a “Fault” Car Accident State?

Posted by David Nemeroff | Nov 21, 2013 | 0 Comments

The state of Illinois follows a fault based system when determining who will pay for damages following a car accident. The person who is found legally responsible for causing the accident will be the one responsible for damages.

A person who suffers any kind of injury or property damage due to a car accident in Illinois can usually get compensation through filing a claim through his or her own insurance company if the loss is covered. The insurance company will then pursue a subrogation claim against the at-fault driver's insurance company. Additionally, the victim of a car accident can pursue a claim directly with the at-fault driver's insurance company. The victim may also file a personal injury claim in civil court against the at-fault driver.

Under Illinois law, all drivers must carry liability insurance for all registered motor vehicles being driven in the state. Drivers are required to carry a minimum of $20,000 for the injury or death of one person, $40,000 for the injury or death of more than one person in a single accident and $15,000 for property damage. If an accident results in more damage than the at-fault driver's insurance policy covers, then the driver may be held personally liable for any amount in excess of the policy limits.

Additionally, Illinois law requires that every car insurance policy include uninsured motorist coverage with limits equal to injury liability coverage. If you are in an accident with an uninsured driver, you may be able to gain compensation for your injuries from your own insurance policy. Your uninsured motorist coverage may be able to cover you while driving in the vehicle named in your insurance policy, while driving or riding in a car that is not your own if you were involved in an accident as a pedestrian. Any relative living with you who is injured while riding in or driving the vehicle named on your policy may be covered, as well as anyone else driving or riding in your car with your permission. Finally, anyone riding in a vehicle you are driving but do not own may be covered in your uninsured motorist policy.

If you were injured in a car accident in Illinois, it may be in your best interest to obtain legal counsel before dealing with insurance companies. The at-fault driver's insurance company will work to lower your settlement. If you file your claim with your own insurance company, they will also work to pay you the least amount possible. Speak with an experienced Chicago car accident attorney from Nemeroff Law Offices to learn more about your rights and what compensation you may be entitled to – 312.629.8800 or fill out our online contact form.

About the Author

David Nemeroff

In January 2012, David Nemeroff was voted one of the Top 100 Lawyers in the entire state of Illinois (out of 83,000 lawyers) by Super Lawyers Magazine...


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