Illinois is a fault-based state, which means the person who causes a crash is financially responsible for the harm that follows. As such, drivers in Illinois generally pursue compensation directly from the at-fault driver’s insurance company rather than relying solely on their own coverage.
That said, if you share fault for an accident, it doesn’t mean you cannot file a car accident claim against the other driver or parties involved. The law doesn’t automatically bar you from recovering damages simply because you played a part in the crash. What matters is your degree of fault.
The 50% threshold
You can pursue a claim only if you’re 50% or less to blame for a crash. If you’re more than 50% at fault, you’re legally barred from doing so. Additionally, your compensation will be reduced in proportion to your percentage of responsibility. For instance, if you were 40% at fault, you can only recover 70% of your damages.
Who allocates fault?
Fault is not assigned automatically or by a single entity. It all depends on how the claim is resolved. In most situations, insurance adjusters determine fault during the claims process by reviewing police reports, witness statements, photographs, vehicle damage, applicable traffic laws and even weather conditions. Each insurer then assigns percentages of fault during settlement negotiations.
If the parties cannot reach an agreement and a personal injury lawsuit is filed, the decision shifts to the courtroom. A judge or jury will evaluate the evidence and assign a percentage of fault to each party.
The importance of legal guidance
In crashes resulting in serious injuries, fault percentages can mean the difference between meaningful compensation and no recovery at all. Since insurance companies often attempt to shift blame to limit payouts, having professional legal support can be the deciding factor in whether you’re treated fairly or pushed into an unjust outcome.