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How Illinois Car Insurance Laws Affect Auto Accident Claims

  • If you’ve been in an accident, you may be wondering whether it’s worth your time and effort to file a car crash claim.

    If you’ve been in a minor wreck, you may be content to pay for the damage yourself and avoid the hassle, but if you’ve been in a serious collision with some serious property damage and injuries, it’s probably in your best interest to file an auto wreck claim.

    Before you file though, you should probably brush up on Illinois’ car insurance laws so that you understand the process of filing an injury claim to obtain compensation.


    Illinois Is a Fault State

    The state of Illinois is a fault state when it comes to car insurance, meaning that the person who was at fault for the auto collision is on the line for any damages that stem from the incident. Property damage, medical expenses, and lost income are common damages requested from the at-fault party’s insurance company.

    Filing your claim in a fault state means pursuing the person who caused the crash for your financial losses.


    Contributory Fault

    Contributory fault refers to the amount of fault assigned to the injured party in the accident. Sometimes, the person who is suing for damages was somewhat at fault for the accident.

    This doesn’t preclude the person from pursuing damages, so long as the car accident victim’s fault wasn’t greater than the other party’s. This does mean the insurance company can likely get away with paying you less damages.


    Mandatory Minimum Coverage Laws

    Most states have mandatory minimum insurance coverage laws, which protects those injured in auto wrecks. This insurance is designed to pay for an accident victim’s medical care, missed wages, and property damage. The minimum coverage in Illinois is:

    • $25,000 for one person’s injury or death
    • $50,000 for all injury and death in one car crash
    • $20,000 for property damage

    In addition, all liability policies cover uninsured motorists, which means your own insurer can compensate you if the other driver was uninsured.


    Statute of Limitations

    You should also know that you have a limited amount of time in which to file your car crash claim. In Illinois, you have only two years from the date of the accident to file your case. Don’t delay, because witnesses can forget important information, key evidence could be lost, and it gets more and more difficult to prove your case over time.


    Work with a Car Accident Lawyer

    Get help with filing a car crash claim and increase the likelihood of a successful result by working with a vehicle wreck attorney. Mahoney & Mahoney, LLC offers free case reviews when you call 815-656-4600 or when you fill out the form on our website.