The state of Illinois follows a fault based car insurance system. This means that drivers—or rather, their insurance companies—are responsible for paying for the accidents that they cause. It also means that injured drivers or passengers have the right to file a civil action against an at-fault party to recover damages.
But the state of Illinois also has comparative negligence laws on the books, which can affect the amount of compensation recoverable in a car accident (or other personal injury) case. Here is a look into how these laws may affect you:
What Is Comparative Negligence?
Comparative negligence, often referred to as shared fault laws, refers to responsibility for an accident where damages (physical injuries or property damage) result. Under ILCS 5/2-1116, a person is only allowed to seek damages from an at-fault party in the event that he or she is less than 50 percent at fault for the accident. If the injured party is more than 50 percent at fault, then that person cannot seek compensation from another party.
Comparative negligence laws also mean that even in the event that the injured individual was less than 50 percent at fault, his or her recoverable damages amount can still be reduced. For example, if you are found to be 15 percent at fault for the accident, and thereby your injuries, your compensation amount can be reduced by 15 percent. If you suffered $100,000 in damages then, you would only be able to recover $85,000.
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Comparative Negligence and Insurance Companies
Knowing the law of comparative negligence, insurance companies will often try to shift the burden of fault to the claimant in order to pay the claimant as small of a settlement amount as possible. In some cases, the insurance company may even try to argue that you were more than 50 percent at fault for your injuries, and are therefore ineligible to recover any compensation whatsoever. According to the Illinois Department of Insurance, you may file a complaint against the insurance company if you believe that an incorrect determination has been made.
However, one of the best things that you can do is to contact a car accident attorney who will enter into negotiations with the insurance company on your behalf. If a settlement offer cannot be reached that is fair, then your attorney can take your claim to court. If a claim is taken to court, the court will be responsible for resolving the issue of comparative negligence and making a determination about a settlement amount.
Contact a Western Springs Car Accident Attorney Today
Serving Western Springs and surrounding areas, experienced Illinois car accident lawyer Mary Ann Covone Attorney at Law is ready to get to work on your case today. Working with clients in LaGrange, LaGrange Park, Westchester, Brookfield, Countryside, and Indian Head Park, Mary Ann Covone understands how important the issue of comparative fault is in a car accident case, and will work hard to prove that you were not the negligent party. To schedule your free case evaluation today, call 708-246-4911 now.