If you are involved in a car or truck accident in the streets of Chicago, the most important thing you have to know is that Illinois operates under an at-fault system. This means the driver responsible for the accident, along with their insurance company, is liable for covering your medical expenses, lost wages, and property damage. Here are other useful things to know.
At-fault vs no-fault
In a “no-fault” state (like Michigan or Florida), drivers must use their own Personal Injury Protection (PIP) for medical expenses, regardless of who was wrong. Illinois operates differently; it does not restrict you to using your own policy. Instead, you have the right to pursue a claim directly against the negligent driver’s insurance company or even file a lawsuit against them to recover damages for pain and suffering, a type of compensation that is often limited under no-fault systems.
The 51% rule: establishing liability
In Illinois, a system of modified comparative negligence determines your right to recover damages. You can receive compensation as long as your degree of fault for the injury is less than 51%. However, the amount you are awarded will be reduced proportionally to your percentage of fault. For example, if you are awarded $100,000 but were found 20% responsible for the accident (perhaps due to speeding), you would actually receive $80,000. If your fault is determined to be 51% or greater, you cannot recover any damages.
What to do if you are hurt in a Chicago car crash
Due to the “at-fault” system requiring proof of the other driver’s negligence, your actions at the scene are crucial:
- Call 911: A formal police report serves as vital evidence in determining fault.
- Document the scene: Take photographs of the vehicles’ final positions, any visible skid marks, and relevant traffic control signs.
- Seek immediate medical attention: Even seemingly minor discomfort may point to a serious underlying injury. Thorough medical documentation is essential for supporting your compensation claim.
Navigating the complexities of the Illinois insurance system can be challenging. If you have been injured on Chicago roads, a law firm can assist you in proving liability and aiming for the full compensation you deserve.