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Illinois is an at-fault state. What could that mean or your claim?

On Behalf of | Jun 4, 2021 | Car Accidents |

An auto accident injury claim process in Illinois can be a long and frustrating experience for those who are seriously injured. Not only do injured victims need to focus on rehabilitation whenever it is possible, but dealing with insurance companies can be a challenge as well. While some cases will only involve one insurance provider, multiple vehicle accidents could create a scenario where multiple drivers are at fault to some degree. This situation further adds to the problems that arise when there are multiple parties liable with personal insurance companies attempting to divert blame for causing the collision away from their client. When this is occurring, having an aggressive Illinois car accident attorney is vital.

What is an at-fault insurance state?

There are two theories associated with settling car accidents. One is the no-fault system that many states use, while the other is the at-fault system applied in states like Illinois. No-fault insurance law requires injured victims to file claims with their own insurance company first for payment of medical bills, while at-fault states require payment by insurance companies providing liability coverage for drivers responsible for causing the accident.

Comparative negligence in Illinois

Each state uses comparative negligence law in some form. Some states use pure comparative negligence, but others like Illinois have opted for the modified comparative negligence standard that bars financial recovery for injuries suffered by drivers at 51%. This means that those drivers who are up to 50% at fault for causing an accident can still be reimbursed for injuries obtained in the collision, albeit at a 50% discount of total damages. And, when there are more than two drivers involved in the accident with shared fault, those with the greatest level of fault cannot sue the other drivers for damages. These types of case details are exactly why injured drivers need effective legal representation from an Illinois firm that focuses their practice on car accident claims.

Settling car accidents can assuredly be a confusing task when liability percentages are being determined because all insurance companies will be bargaining for a reduced fault percentage assigned to their client. This potential problem alone means that all injured drivers in Illinois accidents need aggressive legal counsel from an attorney who will defend their client against claims of deferred fault.