Is Illinois a No-Fault State?
You may have heard that state insurance laws can be “fault” or “no-fault.” But is Illinois a no-fault state?
Illinois is not a no-fault state. That means that if you were injured in a car accident, you can make a claim against the at-fault driver’s insurance provider. In this article, we will explore Illinois car accident laws and insurance requirements so that you can be more fully informed before proceeding with your insurance claim.
At Flint Cooper, we have seasoned car accident lawyers who have the tools and expertise to deal with even the most complex car accident matters. Our attorneys have helped many clients get the justice and compensation that they deserve after a car accident, and they are here to help you as well.
Illinois Car Accident Laws
Illinois is NOT a no-fault state. Instead, Illinois is considered an at-fault state. But what is the difference between the two?
In a no-fault state, each driver is required to carry personal injury protection insurance, otherwise known as PIP. This insurance provides coverage for medical expenses, some lost wages, and other economic costs that can result from a car accident. Unlike liability insurance coverage, PIP coverage does not depend on who was at fault in the accident. The downside of no-fault insurance is that there may be limits on your ability to sue an at-fault party for additional damages, such as pain and suffering. No-fault states typically allow you to sue only if your economic damages exceed a certain amount or your injuries are sufficiently serious.
PIP coverage is not available in Illinois. That means whoever is at fault for the accident is responsible for damages to other parties. Illinois car insurance requirements mandate that drivers carry at least:
- 25,000 bodily injury liability coverage per person
- 50,000 bodily injury liability coverage per accident
- $20,000 property damage liability coverage
This liability insurance pays for the other party’s damages if you were involved in a car accident that was your fault.
Proving Liability in Illinois
Because Illinois is an at-fault state, car accident victims will typically need to show that the other party was at fault in the accident to recover damages. This applies whether you are filing a claim with the other driver’s insurance or filing a claim directly against the other driver in court. To prove that the other party was at fault, you must show:
- That the other party had a duty of care to drive safely and responsibly
- That the other party breached their duty to drive safely and responsibly
- That the other party’s breach of their duty of care caused the accident to occur
- That you suffered damages as a result of the other party’s breach
A car accident attorney can help you file a claim against the at-fault party. Further, they can help you gather the necessary evidence to prove the above elements.
How Can A Car Accident Attorney Help?
If you were involved in a car accident, we highly recommend that you hire an auto accident attorney. An attorney can help you:
- Navigate the legal system
- Negotiate with the other party’s insurance company
- File a legal claim against the at-fault party
- Represent you in court if necessary
- Maximize the amount of compensation that you may be able to recover
- Understand the relevant law
- Meet strict legal deadlines and requirements
At Flint Cooper, our auto accident attorneys have what it takes to stand up for your rights, and we promise to fight to get you the most compensation possible.
Flint Cooper Is Here for You
As you can see, the insurance implications of a car accident in Illinois can be a bit complex. But at Flint Cooper, we can help guide you through the legal process. Because we know how expensive car accidents can be, our attorneys work on a contingency basis. This means that you don’t have to pay us our legal fees until we win your case for you. If you don’t win, you don’t have to pay us.
In Illinois, the statute of limitations to bring a personal injury claim against the other driver in a car accident is two years. So please do not hesitate to reach out to us as soon as possible. To contact our office and schedule a free consultation, you can reach out to us online or by phone at 1-866-536-0163.
About the author:
Greg Smith
Greg is a personal injury attorney at Flint Cooper, a law firm specializing in complex litigation. Greg specializes in wrongful death, semi-truck accidents, automobile collisions, maritime claims, and many other areas of personal injury. He has extensive experience litigating claims in state and federal courts, as well as administrative agencies.
