Insurance and Car Accidents: What You Need to Know

The moments following a car crash can be confusing and overwhelming. After all, it is a stressful and frightening situation. Injuries may further complicate things, and you may be left wondering what to do.

You should have car insurance as mandated by the state, but how does that factor in with your crash? Knowing your rights under Illinois laws for car accidents can help you take the next steps to move forward.

What Are the Insurance Requirements for Illinois Drivers?

Every driver in Illinois must have liability insurance. This coverage protects other drivers and passengers in the event of a crash. However, this coverage kicks in when you are the one at fault for the crash.

All Illinois drivers must have minimum liability coverage and uninsured and underinsured motorist coverage of 25/50/20 or $50,000 for bodily injury coverage per accident ($25,000 limit for each person) and property damage for $20,000. If you are involved in a car accident that was caused by someone else, their insurance coverage will take care of your injuries and property damage. Drivers are not required to carry insurance that protects themselves and their own passengers.

However, in an accident, it’s common for negligence and liability to be disputed. You should know how Illinois determines negligence in car accident cases.

What Are the Laws for Negligence in the State?

According to car accident law in Illinois, when a driver’s negligence leads to an accident, that driver is responsible for the victim’s economic and noneconomic damages. These tend to include things like medical bills and lost wages along with pain and suffering.

In personal injury cases such as car accidents, it requires showing that the at-fault party owed a duty of care. Every driver on the road owes all other drivers this duty. Breaches of that duty can take the form of texting while driving, running a red light, speeding, driving while intoxicated, or even neglecting to properly maintain the vehicle.

If negligence is found to be a factor, the driver will be held liable for compensating the victim. This is usually done through their insurance, though it can get complicated due to comparative negligence laws.

What Is Comparative Negligence and Why Does It Matter?

In Illinois car accidents, each driver’s actions or inactions will be investigated to determine the level of fault. In some cases, it may be clear that one driver is completely to blame. For example, you may have been stopped at a red light and obeying traffic laws when another driver crashed into the rear end of your vehicle.

In other scenarios, though, it may not be as clear, and each driver may wind up taking on some of the blame. Comparative negligence laws in the state mean that you can still collect compensation for your damages if you are less than 50% at fault. If you are 51% at fault or more, you will be prohibited from collecting compensation.

This matters because in some cases, arguments about who is at fault and their level of fault arise between insurance companies. It helps to have an attorney to advocate for your rights in these situations.

What to Know About the State Statute of Limitations

Many injury victims become confused about the statute of limitations for car accidents in Illinois. The statute is two years from the date of your injuries, though this is for lawsuits. This time limit is not for filing a claim with the insurance company of the at-fault driver.

If things aren’t resolving quickly, this can mean you lose time to file your lawsuit. Working with an attorney can help get the ball rolling and ensure you meet all applicable deadlines.