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Is Illinois A No Fault State for Car Accidents?

Published on January 26th, 2023

Up close view of a black car hitting the side of a white SUV.

Filing Insurance Claims for Car Accidents in Illinois – Is Illinois an At-Fault State?

Car insurance and auto accident laws work differently from state to state. Auto insurance laws may fall under one of four definitions, including add-on, choice no-fault, no-fault, or tort liability.

Illinois car accident laws dictate that Illinois is a tort state, or an “at-fault” state, meaning when an accident occurs, the driver who did not cause the accident files an insurance claim with the at-fault party’s insurance company. If there are injuries and/or property damage, the victim can file a personal injury claim against the at-fault driver.

What Happens in A No-Fault State?

Accidents in Illinois are not handled the same way as those that occur in no-fault states. In states with no-fault car insurance laws, both parties involved in the accident need to file claims with their own insurance companies, regardless of who caused the collision.

In no-fault states, it is required that drivers carry personal injury protection coverage, also called PIP. This type of insurance covers the costs of the policyholder’s injuries and medical expenses following an accident. Typically, drivers in no-fault states also carry bodily injury liability insurance and property damage coverage in addition to PIP.

If the injuries sustained in a motor vehicle crash are severe, the injured party may be able to file a claim with the at-fault driver’s insurance company even in no-fault states. They may also be able to file a personal injury claim against the at-fault driver if their own PIP policy doesn’t cover all of their resulting medical expenses.

Additionally, if the at-fault driver has bodily injury liability insurance, but their policy does not fully cover the injured party’s medical expenses, the injured party may be able to file a car accident claim or lawsuit against the at-fault driver.

When You are Not at Fault in an At-Fault State – Contact Our Car Accident Lawyers in Illinois

If you are involved in a car accident and you’re not at fault, our accident lawyers in Illinois are here to help. Whether you are filing a claim with another driver’s insurance company, or you’re filing a personal injury claim or lawsuit against an individual, you need to prove fault according to Illinois law.

Our team of personal injury attorneys in Rockford, IL fully understand the fault based system that is in place in Illinois. We have the experience necessary to help you file a claim to cover medical expenses and property damage following a serious car accident. Our attorneys can also help you obtain a fair settlement from an insurance company by assessing the damages that resulted from the accident, as well as potential future damages.

Car Accident Attorneys Who Put Clients First

Reach out to The Crosby Law Firm today if you have been involved in an accident. We make it our mission to help car accident victims get the compensation they need, even if the case is complicated or you were partially at-fault for the accident.

Contact our Rockford, IL attorneys at (815) 397-2007 to request an appointment for a free case evaluation.

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