Like all states, Illinois requires drivers to carry at least the minimum liability insurance to legally drive and register a vehicle.
Under the state’s modified comparative negligence system, a car accident victim may seek compensation for their losses, such as medical expenses, lost income, and pain and suffering, from the party responsible for their accident—typically, another driver.
The at-fault driver’s liability insurance covers the injury victim’s damages up to the limits of the policy. For this reason, Illinois sets a minimum requirement for car insurance coverage for all drivers.
Illinois law addresses the requirement for auto insurance under 625 ILCS 5/7-601, which states the following:
“No person shall operate, register or maintain registration of, and no owner shall permit another person to operate, register or maintain registration of, a motor vehicle designed to be used on a public highway in this State unless the motor vehicle is covered by a liability insurance policy.”
Illinois has what’s commonly called a 25/50/20 insurance requirement for drivers. This includes the following:
In addition, Illinois is one of only a handful of states that require drivers to carry uninsured/underinsured (UM/UIM) motorist coverage. This coverage matches the above minimum amounts and allows a car accident victim to file a claim against their own UM/UIM insurance after a car accident if the person who caused the accident does not have insurance or when an injury victim’s damages exceed the limits of the at-fault party’s insurance coverage.
Illinois is a fault-based car accident state with a modified comparative negligence system. Under this system, the insurance companies involved investigate the accident and assign fault percentages to each driver. In some cases, one driver is 100% at fault for the accident, but in other circumstances, an insurance company may conclude that both parties contributed to it.
Illinois 735 ILCS 5/2-1116 states the following:
“If the trier of fact finds that the contributory fault on the part of the plaintiff is not more than 50% of the proximate cause of the injury or damage for which recovery is sought, but any damages allowed shall be diminished in the proportion to the amount of fault attributable to the plaintiff.”
In other words, an injury victim may still recover compensation for their damages as long as they are less than 50% at fault. In this case, the insurance company deducts the injury victim’s percentage of fault from the amount they pay on the claim. If your medical bills and lost earnings add up to $10,000, but the insurance company assigns you 20% fault for the accident, they subtract $2,000 and pay you $8,000.
This system benefits an injury victim who was partly at fault for an accident by allowing them to recover a portion of their damages as long as they are less to blame than the other driver. Unfortunately, it also incentivizes insurance companies to assign fault to injury victims to protect company profits.
Call Smith LaCien LLP to learn more about your rights after a car accident. An experienced personal injury lawyer in Chicago protects an injury victim’s best interests by defending against liability and pursuing all available avenues for compensation to maximize an injury victim’s financial recovery after a crash.
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