Illinois is not a no-fault state, rather it follows a “tort” system that employs comparative negligence.
A surprising number of people are unaware to the insurance laws that govern their home states. When an accident does happen, these laws suddenly become very important.
To avoid confusion and be prepared for the worst case scenario taking a few minutes to understand the basic function of these laws -- it's well worth it. In the following, we'll specifically discuss...
Illinois follows a fault or tort system when it comes to determining who pays after a car accident. What this means is that whoever is found legally responsible for causing the accident must pay damages of the other parties involved.
In practice this typically means the at-fault party's insurance company will pay, but people can also bring direct car accident lawsuits as they're not restricted (as in no-fault states).
Comparative negligence is also part of the package when it comes to Illinois insurance law. What this means is that you can generally be entitled to financial damages up to the percentage of fault pinned on the other driver.
To get really technical, this means that Illinois is a “modified comparative negligence” state (as opposed to pure comparative negligence).
People commonly take one of three actions after sustaining damages in an accident:
Every state has their own unique set of standards that drivers must meet. Illinois law says that every driver must have liability insurance that meets the following thresholds:
It's worth mentioning that these are considered minimum requirements. If you're involved in a serious wreck that you caused, chances are pretty good that damages can exceed these coverage amounts. If this turns out to be the case you may be held personally (financially) responsible for the damages.
Uninsured motorist coverage (UIM) is protection related to injuries received as a result of an uninsured, negligent driver. The fact is some people will ignore laws and drive without coverage, or perhaps without sufficient coverage.
In these cases you can turn to you UIM coverage to take care of medical costs. There are a few different scenarios where UIM kicks in:
In terms of the numbers, UIM coverage must hit the $25,000 (per person) and $50,000 (per accident) threshold to meet state requirements. Be aware that UIM does not cover property damages.
There are a number of optional insurance policies that may be smart depending on your circumstances. These are: collision, comprehensive, medical payments (medpay) and uninsured property damage.
Insurance laws in Illinois are complicated and dealing with an insurance company can be a headache. If you're feeling in over your head, consulting with an attorney never hurts. Most will offer a free consultation.
But regardless of whether you decide to retain counsel you'll want to understand basic insurance requirements and how fault factors into auto crash claims. Remember:
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