Illinois is not a no-fault state for car accidents. The state uses a fault-based system, also known as a tort system, with modified comparative negligence to determine who pays damages in a car accident case.
Under Illinois law, car accident claims are based on the fault of the driver who caused the collision. Each party involved in the crash is responsible for paying compensation based on the percentage they are deemed liable. Before an injured driver files a claim against another driver’s insurance policy, the claimant is required to prove fault for the car accident.
Because Illinois applies a modified comparative negligence standard, it is still possible to sue another driver for damages if you were partly to blame for a crash, provided your share of fault is 50 percent or less. If you are 50 percent or more responsible for the collision, you may be unable to recover any compensation for your injuries or damaged property.
Comparative negligence means that recovery of damages is proportionate to the degree of fault. For example, if you are 20 percent to blame for a car accident, you are entitled to hold the other party 80 percent responsible for your losses.
As Illinois is not a no-fault state, it is essential to thoroughly investigate all serious car accidents. In many cases, determining fault is not always straightforward. In fact, two or more parties may be to blame for a collision.
For more information about how fault affects the amount of damages you can recover in a personal injury case, visit https://briskmanandbriskman.com/how-much-is-my-case-worth/.