Many drivers ask, “Is Illinois an at-fault state or a no-fault state?” Local car accident laws dictate that Illinois is a tort state, also known as an “at-fault” state. This means when an accident happens, the driver who did not cause the accident files a claim with the at-fault party’s insurance.
State Laws for Car Accident Liability
Car insurance and auto accident liability laws work differently from state to state. States may fall under one of three categories, including:
- No-fault
- At-fault
- Choice no-fault
At-Fault vs No-Fault States
- No-Fault States
In no-fault states, you file claims with your own insurance company, regardless of who caused the crash. Your insurance covers your medical bills and lost wages up to policy limits. You can only sue the other driver if your injuries are severe or exceed certain cost thresholds.
- At-Fault States
In at-fault states, like Illinois, the driver who caused the accident is responsible for all damages. Their insurance must pay for others’ injuries and vehicle damage. You may also be able to file a personal injury claim against the at-fault driver directly.
- Choice No-Fault States
These states let drivers choose between no-fault and fault-based insurance coverage.
What Happens In a No-Fault State?
In states with no-fault car insurance laws, both parties involved in the accident must file claims with their own insurance, regardless of who caused the collision. In no-fault states, drivers can carry personal injury protection (PIP) coverage. This insurance add-on covers the costs of the policyholder’s injuries and medical expenses following an accident.
Even in a no-fault state, if the injuries sustained in a motor vehicle crash are severe, the injured party may be able to file a claim against the at-fault driver’s insurance or the driver themselves. However, there are restrictions based on the severity of the injuries and resulting medical costs.
When You’re at Fault in an At-Fault State
Knowing Illinois isn’t a no-fault state for auto accidents, it’s important to understand how liability works in case you’re ever in a crash.
If you’re found at fault in an Illinois accident, your insurance company will be responsible for paying the other driver’s damages. This can include their medical bills, lost wages, and vehicle repairs.
Illinois requires all drivers to carry minimum liability coverage, which includes:
- Bodily injury coverage of at least $25,000 for one person in an accident
- Bodily injury coverage of at least $50,000 for more than one person in an accident
- Property damage coverage of at least $20,000 per accident
If damages exceed the amounts covered under your policy, you could be personally responsible for the difference.
When You’re Not at Fault in an At-Fault State
If you’re involved in an accident and you’re not at fault, our car accident lawyers in Rockford are here to help. Whether you are filing a claim with another driver’s insurance or a personal injury claim against an individual, you need to prove fault according to Illinois law.
To show another driver was at fault for the collision, you must prove four factors in any car accident case, including:
- Duty of Care
- Breach of Duty
- Causation
- Resulting Damages
Our team of personal injury attorneys in Rockford fully understands the fault-based system in Illinois. We have the experience necessary to help you file a claim to cover medical expenses and property damage following a serious car accident. Our lawyers can also help you obtain a fair settlement from another driver’s insurance company. We’ll assess the damages that resulted from the crash, as well as potential future damages like lost wages.
Our Accident Attorneys Put Clients First
Reach out to Crosby Law Firm today if you’ve been in an accident. We make it our mission to help car accident victims get the compensation they need, even if the case is complicated or you were partially at fault for the accident.
Contact our experienced attorneys to schedule a free initial consultation. We’re here to fight for your rights and protect your best interests when you need to file a car accident claim in Illinois.
