Who pays for your auto accident injury depends on who was at fault, how the accident happened, and Illinois tort law.
A Chicago car accident lawyer can offer guidance in making sure that those who caused your injuries pay for your losses.
Modified Comparative Negligence: When Fault Is Shared
If your auto accident injury occurred as a result of an accident you contributed to, that can change the legal obligation to pay compensation significantly. Illinois follows a modified comparative negligence law. Under this law, a victim can file a claim against the other driver if they are no more than 50% to blame.
The compensation value drops based on the percentage of fault attributed to the victim. For example, if one driver is 40% at fault and the other 60%, the less-at-fault driver can file a claim against the other party, but the compensation is reduced by 40%.
In situations where your accident resulted in you being more than 50% at fault, you cannot file a claim against the other party. The law in the state bars you from seeking compensation in that form. That means you cannot receive compensation for your auto accident injury from the other party because you were mostly to blame.
Illinois Is a Tort State
States set the liability rules for accidents that occur within their boundaries. Illinois is an at-fault (tort) state (the tort of negligence (§735 ILCS 5/2-1116)). That means that the person who caused the accident is responsible for the damages others suffer.
The driver is at fault, but the state also mandates that every driver carry liability insurance to cover injuries caused to others. After an accident, the victim can file a claim to cover all their losses from the auto accident injury. That claim dictates exactly what the at-fault driver’s insurer should pay.
It is up to the victim to demonstrate the extent of those losses, and working with an auto accident attorney can help with that process. In the simplest case, the at-fault driver is held accountable for any economic and non-economic losses suffered by victims. Some cases are not that simplistic, though.
Filing a Claim for Your Auto Accident Losses With Your Own Insurance Company
Depending on the type and amount of insurance you have, you may be able to file a claim for compensation for your economic losses with your own insurance company. This is typically the case when you have collision insurance, a type of insurance policy you purchase prior to the accident to protect you in instances where you collide with others. It covers damage to your vehicle.
Illinois law does not require drivers to maintain collision insurance, unlike liability insurance. However, many drivers have it if they lease or have a loan on their vehicle. Your lender may require that you maintain this policy until your loan is paid in full.
If you have collision insurance, document your losses carefully and thoroughly. You may have to pay a deductible first and then submit a claim for the rest of your losses to your insurance company. They will then cover your auto accident economic damages up to the value of your policy.
Auto Accident Injury Payments in Illinois Through Med Pay
In some situations, you may have medical payments coverage, also known as Med Pay. This coverage will help pay for your medical bills sustained in a covered accident.
However, Med Pay is not a required insurance policy, so you may not have it in place. If you do have it, you can file a claim for your medical expenses related specifically to the accident. Browse our FAQs to learn more today about who pays for your auto accident injury.
What Your Auto Accident Injury Claim Includes
In situations where you are filing a personal injury claim against the other driver for the injuries they caused to you, it is up to you to document all of the losses you have suffered thoroughly and provide evidence of them. This process can be complex, but your car accident lawyer will handle the process for you, maximizing your claim.
The losses typically associated with these types of accidents that you may be able to include are:
- Medical expenses: You can file a claim for all of your medical costs related to the accident itself as well as the recovery process. That may include medications, treatment, hospitalizations, rehabilitation, and any in-home help you need as a result of your limitations.
- Future medical costs: If your injury results in the need for future medical care and treatment, you can include those costs in your claim.
- Loss of wages: Incorporate all losses you have related to not being able to work due to your injuries, including bonuses and benefits you did not receive.
- Property damage claims: You can incorporate any damages associated with repairing your vehicle in your claim.
- Pain and suffering: Illinois law allows you to recover all damages associated with the pain and suffering you experienced as a result of the accident.
In addition to these losses, your attorney will help you calculate other ways you may be suffering as a result of the accident, such as a reduction in your quality of life and implications from permanent injuries, such as loss of vision or hearing.
Rest assured that our team will take every possible step to maximize compensation for your auto accident injury in Illinois.
Set Up a Free Consultation to Go Over Your Auto Accident Injury
At Charlie Therman Injury & Accident Lawyers, P.C., we prioritize you and your case outcome. Set up a free consultation with us to review your auto accident injury and the losses you sustained as a result of another person’s negligence.
Our Illinois car accident lawyer will work to maximize your claim in every way possible. That gives you the support you need to seek full compensation for any injuries others caused to you.
