When you’re involved in a car accident in Illinois, one of the first questions you might ask is, “Who pays for the damage?” The answer hinges on whether Illinois is a no-fault or at-fault state.

Illinois is an at-fault state. But what does that mean, and how can it impact your ability to get compensated after a crash?

Let’s explore the key legal concepts that every Illinois driver should understand.

Fault vs. No-Fault Insurance in Illinois

Illinois is an at-fault (tort liability) state. This means the driver who causes a car accident is legally and financially responsible for all related damages. This differs from no-fault states, where drivers first work with their insurance company to cover injuries, no matter who caused the accident.

In Illinois:

  • The responsibility for any injuries and property damage rests with the at-fault driver’s insurance.
  • If you’re the victim, you may pursue compensation by filing a third-party claim or a lawsuit.
  • You can also use your insurance temporarily (e.g., under medical payments coverage), but ultimately, the responsible driver’s insurer should reimburse you.

What Does “At-Fault” Mean in Practical Terms?

Determining fault involves examining:

  • Police reports
  • Statement of Eyewitness
  • Traffic citations
  • Dashcam or surveillance footage
  • Vehicle damage and crash analysis

Insurance adjusters and sometimes courts use this evidence to decide which party—or parties—are responsible.

Comparative Negligence: Illinois’ 51% Bar Rule

The system in Illinois is known as modified comparative negligence. Here’s how it works:

  • You may still recover damages if you are 50% or less at fault.
  • If you are 51% or more at fault, you cannot recover any damages from the other party.

For example, if your damages total $10,000 and you’re found to be 35% at fault, you would still be entitled to $6,500 (65% of the total).

But you recover nothing if you are 51% at fault or more.

This 51% threshold is why it’s so important to document the accident and consult a lawyer carefully.

Insurance Claims and Lawsuits in an At-Fault System

Because Illinois places responsibility on the at-fault party, here are your typical options:

Filing a Third-Party Claim

You can submit your injury and damage claims directly to the at-fault party’s insurance company. The claims are usually for:

  • Medical expenses
  • Property damage
  • Lost income
  • Pain and suffering

Filing a Personal Injury Lawsuit

If insurance won’t fully cover your losses or wrongfully denies your claim, you may sue the at-fault driver directly.

Statute of Limitations in Illinois

Know your deadlines:

  • Personal injury lawsuits can be filed within 2 years of the date of the accident.
  • Property damage claims can be filed within 5 years of the accident date.

If you miss these deadlines, your claim will likely be barred no matter how strong your case is.

Illinois Car Accident Reporting Requirements

You are legally required to report an accident in Illinois if:

  • It involves injury or death
  • Property damage exceeds $1,500 (or $500 if any vehicle is uninsured)

Police reports are usually filed at the scene, but if law enforcement is absent, you must file a reportwithin 10 days.

Always call the police after a crash. An official report will help establish fault and protect your rights.

What to Do After an Accident in Illinois

Here’s what you should do right after a crash:

  1. Call 911 and don’t leave until law enforcement arrives at the scene.
  1. Exchange information with the other driver (license, insurance, contact details)
  1. Take photos of the entire scene. This means documenting any vehicle damage involved, no matter how minor, and getting pictures of any visible injuries.
  1. Identify witnesses at the scene and ask fortheir contact information. As neutral third parties, they can be invaluable to your case.
  1. Seek medical attentioneven if you feel fine. Injuries can present themselves days or weeks later.
  1. Hire an attorney before communicating with theother driver’s insurance company. This step will ensure your legal rights are not ignored and allow you to focus on your recovery.

Real-World Example of Comparative Fault in Illinois

Imagine this situation:

  • Driver A runs a red light.
  • Driver B was speeding.

An investigation finds Driver A 70% at fault and Driver B 30% at fault.

Driver B has $20,000 in damages. Under Illinois law, they can recover 70% of that amount, or $14,000, from Driver A because they were less than 51% at fault.

But if the fault percentages were flipped (Driver B 70%, Driver A 30%), Driver B would recover nothing.

FAQs About At-Fault Car Accidents in Illinois

1. Is Illinois a no-fault state for car accidents?

No, Illinois is an at-fault state. The party responsible for the accident must pay for the damages.  However, the principle of comparative negligence applies in Illinois where a party will be barred from recovering anything if he or she is more than 50% to blame for the accident. 

2. What happens if I’m partially at fault?

You can still recover damages if you’re 50% or less at fault. This means the total compensation you’re awarded will be deducted by the percentage you’re found to be at fault for.

3. Can I sue the other driver in Illinois?

Yes. If their insurance doesn’t cover all your damages or denies your claim, you may file a personal injury lawsuit.

4. What’s the deadline for filing a car accident claim?

You have 2 years to file for injury and 5 years for property damage.

5. Do I need to report every accident to the police?

Yes, if it involves injury, death, or property damage over $1,500. Call the police at the scene to ensure proper documentation.

6. Will my insurance go up if I wasn’t at fault?

Possibly. Some insurers may raise rates after accidents, but you can challenge this, especially if you aren’t at fault.

Conclusion: Understanding the At-Fault System Can Protect Your Rights

Illinois is an at-fault state, which changes everything about how you handle a car accident. Knowing your rights and understanding how fault and compensation are determined can make the difference between a fair settlement and financial loss.

If you’ve been in a crash, don’t guess. Consult an experienced Illinois personal injury attorney and start your healing process today.  The team at Paul Padda Law is dedicated to your recovery.  Located in the heart of Chicago, the attorneys at Paul Padda Law are prepared to help you get the justice you deserve.  Call us today at (312) 702-7000 and let us help you get on the path to recovery.