If you were involved in a car accident in Illinois, you may be asking, Is Illinois a no-fault state or is Illinois a no-fault state for car accident claims? The answer is no—Illinois is an at-fault state, meaning the at-fault driver’s insurance is responsible for damages through a third-party claim.
Under Illinois law, insurance claims are subject to modified comparative negligence, where comparative negligence is used to determine fault and how much an injured party can recover. If you are found partially responsible in an Illinois car accident case, your insurance claim may be reduced but not entirely denied. The Chicago car crash lawyer team at Curcio & Casciato helps car accident victims gather police reports, medical records, and traffic camera footage to prove fault and recover compensation.
We handle personal injury cases on a contingency fee basis, so clients don’t owe any legal fees unless we successfully claim compensation on their behalf.
If you need help filing a personal injury lawsuit, dealing with the insurance company, or understanding your rights after a car accident in Illinois, call 312-321-1111 for a free consultation with our Chicago car accident lawyers.
Is Illinois an At-Fault State?
So, is Illinois a no-fault state or an at-fault state? Illinois is an at-fault state for car accident cases and personal injury cases.
Is Illinois a No-Fault State for Car Accidents?
Illinois is not a no-fault state for car accidents—it is an at-fault state for car accidents. This means at-fault drivers are financially responsible for car accidents in Illinois. Under modified comparative negligence, an injured party can seek compensation for medical bills, lost wages, and property damage through a third-party claim as long as they are less than 50% at fault. If the accident victim is found partially responsible, their recovery will be reduced based on their modified comparative fault.
Is Illinois a Comparative Negligence State?
Yes, Illinois is a comparative negligence state, following a modified comparative negligence system. Under Illinois comparative negligence laws, comparative negligence determines how much compensation injured drivers can recover after a car accident in Illinois, based on the fault determined.
Unlike no-fault states, Illinois drivers must prove fault and may be barred from seeking compensation if they are 50% or more at fault. This modified comparative fault system places Illinois among at-fault states, rather than those that follow pure comparative negligence, where even the most at-fault party can still recover compensation.
Contributory Negligence vs Comparative Negligence
The key difference between contributory negligence and comparative negligence affects how car accident claims are handled. Under contributory negligence, an injured driver who is even slightly at fault cannot recover compensation for injuries sustained.
Illinois law does not follow contributory negligence—it applies modified comparative negligence, where compensation is reduced based on fault determined, as long as the person is under 50% responsible for a car accident in Illinois.
Unlike no-fault states, Illinois car accident cases rely on proving fault, and comparative negligence sets restrictions on claims compensation. States that follow pure comparative negligence allow recovery regardless of how much the injured driver contributed. Contributory negligence rules still exist in a few states, but are much more restrictive than modified comparative fault for car accidents in Illinois.
Illinois Car Insurance Claims: Understanding the Fault-Based System
Does Illinois Have No-Fault Auto Insurance?
No, Illinois does not have no-fault auto insurance. Illinois is an at-fault state for auto accidents, which means the at-fault driver’s insurance is responsible for paying car accident claims, including bodily injury and property damage. Illinois law requires the victim to file a personal injury claim to seek compensation for injuries sustained.
Is Uninsured Motorist Coverage Required in Illinois?
Yes, uninsured motorist coverage is required in Illinois. Illinois law mandates that all auto insurance policies include uninsured motorist coverage equal to the minimum bodily injury liability coverage limits. This protects Illinois drivers if the other driver responsible has no auto insurance or for hit-and-run car accidents in Illinois. It allows the victim to file a first-party claim with their own insurer.
Illinois Modified Comparative Negligence Laws
Illinois follows modified comparative negligence laws, meaning an injured victim can seek compensation only if they are less than 50% at fault. Under this modified comparative fault system, compensation is reduced by the person’s fault determination.
Fault based systems differs from pure comparative negligence, where recovery is allowed even if the person is mostly at fault. Insurance companies use these laws during insurance claims to limit what they pay. Understanding modified comparative negligence in Illinois is critical when determining fault and seeking recovery.
What Happens If You Have No Insurance But the Other Driver Was At Fault?
If you have no insurance but the other driver was at fault for a car accident in Illinois, you may still be able to file an insurance claim through the other driver’s insurance company. The state’s modified comparative negligence system allows you to seek compensation for personal injuries and property damage through personal injury claims. However, drivers without coverage may face penalties, and insurance companies may try to limit payouts.
Illinois Car Accident Laws
Illinois Mandatory Insurance Laws
Illinois traffic laws require all drivers to carry mandatory insurance that covers bodily injuries and property damage coverage. This protects other drivers and ensures that involved parties have a way to recover losses such as medical bills and vehicle damage. Accident victims sustaining injuries can file insurance claims against the insurance company of the other driver at fault to claim compensation.
Listed below are the minimum coverage amounts required in our state.
- $25,000 for injuries or death per person involved in the accident
- $50,000 for total injuries and deaths per accident
- $20,000 for property or car damage per accident
Contact a Chicago property damage lawyer to learn more.
Family Expense Act
Under the Illinois Family Expense Act, when accidents occur, family members may be able to recover costs related to medical bills. This can support a personal injury claim by allowing a spouse or parent to seek damages for expenses tied to another injured party in the household. It is often used in conjunction with personal injury claims when insurance companies fail to pay what is owed.
Collateral Source Rule
The collateral source rule in Illinois prevents a defendant from reducing their liability based on payments received from a health insurance company or other outside source. This means that even if medical bills were paid by their own insurer, the liable party is still responsible for the full amount owed in a personal injury lawsuit. The rule ensures that compensation is based on the harm caused, not on who helped cover the costs.
Illinois Car Accident Statute of Limitations
The statute of limitations for most Illinois car accident claims is two years from the date the car accident occurred if the claim involves a personal injury case. For insurance claims involving only property damage, the deadline is typically five years. Failing to file within these time limits can prevent the victim from pursuing a personal injury claim or holding the insurance company accountable.
What is the New Rule for Senior Drivers in Illinois?
The new rule for senior drivers in Illinois requires drivers aged 79 and older to take a road test at every license renewal. This change aims to improve safety for all other drivers by ensuring older motorists can still meet current traffic demands.
Fault Determination For Auto Accidents in Fault-Based States
Determining fault is a critical part of building insurance claims and proving fault in personal injury lawsuits. A Chicago car accident lawyer will gather as much evidence as possible—such as police reports, traffic camera footage, and documentation of the accident scene—to show how the other driver violated Illinois traffic laws. The 4 D’s of negligence in Illinois (duty, dereliction, direct cause, and damages) and the recognized types of negligence in Illinois are used to determine fault.
Under modified comparative negligence, fault is divided among the parties, and even small statements, like admitting fault, can affect your ability to prove fault and recover damages from insurance companies.
Common Complex Illinois Car Accident Cases
Company Vehicle Accidents
Company vehicle accidents are often more complex than standard insurance claims because they may involve multiple parties, such as the other driver, employer, or third-party contractors. Determining fault can require a deeper investigation into whether a driver violated safety policies while performing job duties. A Chicago company vehicle accident lawyer can help gather police reports and employment records to prove fault and pursue compensation from all responsible sources, including commercial insurance companies.
Hit-and-Run Accidents
Hit-and-run accidents are more complex than typical insurance claims because the other driver’s policy is often unknown when someone hits a driver or hits a parked car and leaves in Illinois. A Chicago hit-and-run accident lawyer can help obtain police reports, request camera footage, and work to identify the other driver. Victims may need to rely on their own insurer, but it’s also possible to find out if someone has auto insurance in Illinois by filing a request through the Illinois Department of Insurance or law enforcement during the investigation. These cases require building as much evidence as possible to support insurance claims and protect the rights of the injured party.
Uber Accidents
Rideshare accidents in Chicago, Illinois, including those involving Uber, are more complex due to multiple insurance companies, layered coverage, and disputes over driver status. A Chicago Uber accident lawyer helps navigate these challenges by managing insurance claims and proving fault under Illinois’s modified comparative negligence rules. Identifying which policy applies—Uber’s or the driver’s personal coverage—can affect compensation and determining fault.
When to Hire a Personal Injury Lawyer for Complex Auto Cases
If you’ve been injured in a crash, a personal injury lawyer in Chicago, IL, can help you navigate the complex insurance claims process and protect your rights under Illinois law. Many ask, is Illinois a no-fault state? The answer is no—Illinois is an at-fault state, meaning the at-fault driver is legally responsible for bodily injury and damages.
A skilled Chicago car accident lawyer will gather police reports, medical records, and other evidence to prove fault, especially if the other driver denies responsibility or you’re found partially responsible under modified comparative negligence.
Never admit fault at the accident scene—let your attorney handle it. Call 312-321-1111 to speak with a law firm that knows how to fight for the compensation you deserve.
