Often even more terrifying than a car accident itself is worrying about who will pay for your injuries and losses after a crash does occur. The following considers Illinois’ fault-based car insurance laws, and how recovering compensation will work after a car accident.
The At-Fault Driver Is Responsible for Paying for Injuries that He or She Causes
Per Illinois’ fault-based car insurance laws, drivers in the state are required to pay for the damages that they cause in a car accident. This means that if you are in an accident that was caused by another driver, you can collect from the other driver if you were less than 50 percent at fault by filing a claim with his or her insurance company (you can also notify your own insurance company, who will often pursue the claim on your behalf). If there is a dispute over who was at fault, you will likely have to prove that the accident was the fault of the other driver in order to recover compensation.
Will My Insurance Cover My Injuries If I Was at Fault?
You bodily injury liability coverage, which is required in an amount of $25,000 per person and $50,000 per accident, is meant to cover injuries to others in an accident that you cause, but is not designed to cover your own injuries. Hopefully, you have purchased medical payments coverage as part of your insurance policy. Your medical payments coverage will pay for your medical expenses in an accident, regardless of who was at fault. This coverage type will also pay for injuries sustained by your passengers.
What if the Other Driver Does Not Have Insurance?
If the driver who was at fault for the accident is uninsured, recovering compensation can be much more complex. If you carry uninsured or underinsured coverage as part of your own policy, though, then you can recover compensation from your own insurance company regardless. If you do not carry these coverage types, you may consider litigation against the responsible party.
Can I File a Lawsuit after a Car Accident?
Illinois’ fault laws also allow you to file a personal injury lawsuit against a person who causes a car accident, thereby causing you to incur injuries. During a lawsuit, you will have to prove that the party at fault demonstrated negligence, that the negligence was the cause of your accident, and that you suffered damages as the direct result of accident.
How an Illinois Car Accident Attorney Can Help
The process of recovering damages after a car accident is not always easy, and in many cases, insurance companies will deny claims entirely, or offer accident victims far less than what their claims are really worth. When you hire an experienced Illinois car accident attorney, you are making a choice to invest in a legal professional who will work hard to protect your best interests. At Fisk & Monteleone LTD., our car accident attorneys serving Rockford, Freeport, Marengo, and more are ready to get to work on your claim today. Please call us today to schedule your free case consultation at 815-516-5739.