Experienced Naperville Personal Injury Attorneys

Illinois Car Accident Laws

On Behalf of | Oct 10, 2024 | Car Accidents

Whether you were a driver, passenger or pedestrian, understanding Illinois injury law after a car accident is crucial. This knowledge can help you manage the aftermath of a car accident effectively and ensure that you are prepared for any situation that arises on the road. What should you know about car accidents under Illinois law?

Does fault matter in an Illinois car accident?

In some states, each driver’s insurance coverage pays for their losses regardless of who caused the accident. This is not the case in Illinois.

Illinois operates under a fault-based system in car accident cases. This means that the driver who was responsible for causing the accident is also liable for any resulting damages. In practice, the at-fault driver’s insurance company typically covers these costs, which can include medical expenses, property damage, and other losses.

What is comparative fault, and how might it impact your claim?

The state of Illinois follows a modified comparative fault rule, which affects compensation based on the degree of fault. If you are involved in an accident and are found to be partially at fault, your compensation for damages will be reduced based on your amount of fault. For example, if you are 1 percent at fault, you can still get 99 percent of the damage costs covered. However, if you are 40 percent at fault, you can only get 60 percent of the costs.

Importantly, if you are more than 50 percent responsible for the accident, the law prevents you from receiving any compensation from other at-fault parties. This rule encourages drivers to drive cautiously and responsibly to minimize their fault in an accident.

Do you have to report an accident?

Illinois law requires drivers to report any car accident that results in death, bodily injury or property damage of $500 or more. You must file this report with the Illinois Department of Transportation (IDOT) within 10 days of the accident. Failure to comply with this requirement can result in penalties, including fines and suspension of driving privileges.

Are drivers required to have insurance in Illinois?

Drivers in Illinois must have liability insurance to cover costs associated with injuries or damages they may cause in an accident, and this coverage must meet a specific minimums:

  • $25,000 for injuries per person
  • $50,000 for injuries for each crash
  • $20,000 for property damage

These minimums ensure that funds are available to cover the initial costs of an accident, protecting both at-fault drivers and other parties involved from significant financial losses.

Do you have to carry proof of insurance in Illinois?

It is mandatory for drivers in Illinois to carry proof of insurance in their vehicles. If law enforcement officials request this information during traffic stops or at the scene of an accident, drivers must provide it. Additionally, drivers must show proof of insurance when renewing vehicle registration.

Failure to produce proof of insurance can result in fines, vehicle impoundment, or suspension of driving privileges. It is crucial for drivers to keep their insurance information up to date and readily accessible to avoid these potential penalties.

What is the statute of limitations for filing a car accident lawsuit?

In Illinois, the statute of limitations sets deadlines for filing lawsuits related to car accidents. These time limits limit the amount of time that injured people must file a lawsuit and seek damages. Failing to file within these periods typically results in the loss of the right to seek compensation through the court system.

For property damage claims, the deadline is five years from the date of the accident. For bodily injury claims, the statute of limitations is two years from the date of the accident. However, if the injured party is a minor under the age of 18 at the time of the accident, they have until their 20th birthday to file a claim.

By keeping informed about how state law handles car accidents, you can better protect yourself and your interests in the event of a car accident in Illinois.

Archives