How to Deal with an At-Fault Driver’s Insurance Company in Illinois

Tuesday, December 26, 2023

How to Deal with an At-Fault Driver’s Insurance Company in Illinois

Written by Malman Law, reviewed by Steve J. Malman.

If you were involved in a car accident where you believe the other driver was at fault. It’s important to review the tort laws governing Illinois. Like most states in the U.S., Illinois follows a fault-based insurance system.

Comparative Negligence

The state has established laws that support the doctrine of comparative negligence. The idea behind the system is to lower the cost of auto insurance and the amount of small claim lawsuits filed after auto collisions.

Establishing guilt and filing a claim takes the skills of a Chicago car accident attorney.

Therefore, motorists in Illinois are responsible for covering the other party’s damages if they are over 50% at fault for a vehicle crash. The legal doctrine, in this case, allows a victim to seek compensation for losses up to the percentage that the other driver is at fault. For example, you are entitled to ask for 60% of the cost of your losses if the at-fault driver is 60% at fault.

No-Fault Insurance vs. At-Fault Insurance: The Differences

Insurance laws in the U.S. fall under two classifications: no-fault and at-fault insurance. Twelve states mandate no-fault insurance laws. Drivers in no-fault states solely depend on the other motorist’s insurance coverage for their medical costs following an accident, even if the other party is at fault. In this case, they have to buy personal injury protection (PIP) or no-fault insurance for coverage.

How to Deal with an At-Fault Driver’s Insurance Company? In at-fault states, like Illinois, the at-fault driver is responsible for the other party’s injuries and property damage. So, you can file a claim with the at-fault policyholder’s insurance company to pay for your injuries.

Comparative negligence claims in at-fault states take longer to process because the insurance company has to establish liability following the accident. That is why you should consult with a lawyer before you speak to the other party’s insurers.

State Auto Insurance Requirements

Auto liability insurance, like in all states, is mandatory when you drive a car. The state law requires that you have the following:

  • $25,000 liability insurance per person for bodily harm and wrongful death
  • $50,000 in accident coverage for bodily injury and wrongful death
  • $20,000 for property damage coverage

Uninsured Motorist Coverage

Uninsured motorist insurance is built into the state’s liability protection and matches the liability limits you’ve set for coverage. If an uninsured motorist hits you, this insurance ensures extra protection if the other driver is at fault.

Don’t Drive Without Insurance

If you don’t take out the state’s mandatory liability insurance and property damage coverage, you can get your license suspended and be subject to a fine of up to $10,000. So, driving without insurance has some strong repercussions – repercussions that can have a long-lasting impact on your quality of life.

Getting Reimbursed for Your Damages

Remember, if you’re hit by an at-fault driver, you are only eligible to receive the compensation set by the other driver’s insurance policy. As a result, the other driver’s insurance may not cover your total damages for the claim you wish to file. In this case, you need to speak to a personal injury attorney and consider filing a personal injury lawsuit.

Whether you negotiate an insurance claim or decide to file a lawsuit, talking to an attorney will ensure that you’ll get fair and equitable compensation for your injuries.

Call a Chicago Car Accident Lawyer Now

Do you have questions about negotiating a claim with another party’s insurance company to cover your costs after a vehicle crash? If so, it’s important to consult with a personal injury attorney first. In Illinois, contact Malman Law with your inquiries now.

Steve Malman

Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.

Years of experience: +30 years
Justia Profile: Steve Malman
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2024

What’s your case worth? Submit for a free case review


This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by President and Founder, Steven J. Malman who has more than 20 years of legal experience as a personal injury attorney.

Related Blog Posts

view all news