Most people purchase car insurance with the hope that they never will need to use it. But if that need ever arises, you should know the many different ways that insurance coverage — both your own policy and that of the other involved driver — can impact your car accident claim. Here’s what you need to know.
Illinois Insurance Requirements
Each driver’s optional insurance coverage choices can influence the outcome of a car accident claim. However, every car owner in Illinois must have the following minimum coverage:
- $20,000 for damage to another person’s property
- $25,000 for bodily injury or death of one person in a crash
- $50,000 for bodily injury or death of multiple people in a crash
These minimums may not cover serious losses in car accidents. The cost of healthcare has soared, and so have vehicle prices. The policy limits above might not cover the other party’s medical bills or property damage in an accident you cause. In this case, the other party may file a lawsuit against you try to recover a greater amount than what insurance would pay, if you were at fault for the accident.
Is Illinois a No-Fault State?
Illinois is not a no-fault state. As an at-fault state for car insurance, it requires the person who caused the accident (or, usually, that person’s insurance company) to pay for the damage.
However, in Illinois, fault in an accident is not all-or-nothing; the amount of compensation the victim receives can be reduced by their level of fault.
Can You Recover Compensation if You’re Partly at Fault?
In Illinois, you can recover compensation if you were partially to blame for your accident.
Illinois uses a modified comparative fault system. A driver who was more than 50% at fault for an accident may not collect any damages. But if both parties are found to be partially at fault, the compensation for the person less than 50% at fault may be reduced proportionately to their share of blame.
This concept is easier to understand when you look at an example.
Imagine you incur $100,000 in repair costs and medical bills due to an accident. The other driver is determined to be 90% at fault, and you are 10% at fault. Ordinarily, you would be awarded $100,000 in damages. However, because you were 10% at fault, that amount is reduced by 10%. Therefore, your compensation would be $90,000.
What if the At-Fault Driver Has No Insurance?
Like most states, Illinois requires car owners to carry liability insurance. Unfortunately, not everyone follows this law. If you get hurt in an accident caused by someone with no insurance, there’s no insurance company to file a claim with. You can file a lawsuit against the driver themselves, but often, people who have no car insurance don’t have considerable assets.
This is why it’s wise to purchase an insurance policy that includes uninsured/underinsured motorist coverage. This way, if you’re hurt in an accident and the at-fault party has no insurance (or if your losses exceed their policy limit), you can file a claim with your own insurance company.
Uninsured/underinsured motorist coverage is usually inexpensive, and for many drivers, it’s worth the investment.
Insurance Companies May Try to Minimize Your Claim
Any personal injury attorney will tell you that when it comes to filing claims, the insurance company is not on your side. Insurance companies might use unfair tactics to justify paying you less or not paying you at all. Thanks to this kind of behavior, many injured people don’t get the settlements they deserve.
However, when you hire a personal injury attorney to negotiate with an insurer, the insurance company might suddenly become more willing to cooperate, drastically changing how much it will pay you for your claim.
If the insurer agrees on a fair settlement with your attorney, you can receive compensation relatively quickly. Sometimes, however, the insurer is stubborn enough to refuse to settle. If that happens, your claim may have to go through a lengthy trial process before you see any compensation.
Injured in an Illinois Car Accident? We’re Here for You
At the Law Offices of Glenn & West, LLC, we understand the emotional, physical, and legal difficulties you face in the aftermath of a car accident. As you focus on healing, you might think you don’t have the energy to pursue a car accident claim.
However, all you need to do to start the process is reach out for a free consultation. If we take your case, we’ll handle the paperwork and take on tough negotiations with insurers. Get in touch for a free case review today!
