Is Illinois a “No-Fault” State for Car Insurance?

After a car accident in Illinois, it can be confusing knowing what to do next. You may be asking yourself:

• Which insurance company should I contact first – mine or the at-fault driver’s insurance?
• Who’s really at fault according to Illinois law?
• Who’s responsible for paying my medical bills and car accident repairs?

In every state, there are laws about who pays for what following a car crash. These laws either follow a “fault” or “no-fault” system. Most states have a fault system, requiring the at-fault driver and their insurance company to compensate his or her victim for the damages they caused.

In a “no-fault” state, the driver who sustained injuries and property damage would first file a claim with his or her own insurance. If they suffered a serious injury, they may be able to file a personal injury lawsuit against the other driver. There are twelve no-fault states in the U.S.

So, does Illinois have no-fault insurance?

Illinois is NOT a “no-fault” state when it comes to car insurance. It has an at-fault (or tort) system with comparative negligence laws. If a driver is found more than 50 percent at fault for causing an accident, he or she must compensate the other party for damages.

Comparative negligence means that the victim is entitled to recover damages up to the percentage of the fault found on the other driver. If the other driver was found 70% at fault, you are entitled to seek 70% of the cost of your losses, including economic and non-economic damages.

Proving Fault for a Car Accident in Illinois

Proving fault after a car accident follows the same process as any other personal injury lawsuit in Illinois. The injured party’s attorney files a complaint against the other party. The plaintiff must prove that the defendant owed a duty of care to them and that duty was breached, resulting in the plaintiff’s injuries.

The Illinois personal injury lawyer must show through evidence that the plaintiff’s injuries only occurred because of the defendant’s negligent actions. Here are some examples of negligence in car accident claims:

• Speeding
• Moving violations
• Driving under the influence of alcohol or drugs
• Distracted driving (texting, eating, or calling)

If the defendant’s negligence caused the plaintiff’s injuries, then the defendant may be liable for any damages sustained by the plaintiff. Proving liability is just the first step in any personal injury lawsuit.

Car Insurance Requirements in Illinois

Illinois requires all drivers to carry auto liability insurance coverage in case they’re involved in a car accident. The following is a list of the minimum coverage amounts required by Illinois law:

• $25,000 bodily injury and wrongful death liability coverage per person
• $50,000 in total accident coverage for bodily injuries and wrongful deaths
• $20,000 in property damage coverage

Your policy’s uninsured or underinsured motorist coverage must equal the amounts of your liability coverage. This type of coverage is important because to protects you in case you’re hit by an uninsured driver.

If you don’t meet the minimum car insurance requirements in Illinois, you may be fined up to $10,000 and have your license suspended. The bottom line is, it’s not worth the risk of driving uninsured.

Injured in a car accident in Illinois? We can help

If you were injured in a car accident in Illinois, our attorneys are available to answer any of your questions. Contact us today for a free consultation at (312) 578-9501 or fill out the form on this page to get started. We’re available 24/7 to speak with you.