Dealing with the Illinois auto insurance system can be tricky to understand and manage even for those who have done so in the past. Understanding how insurance works after a crash will help you know what to expect from the process and how to protect your rights.
Is Illinois a No Fault State or Fault?
The first thing to understand about auto insurance in Illinois is that the state uses a fault-based system. This means the person responsible for causing an accident is also responsible for covering the other driver’s injuries and other losses. In contrast, some states use no-fault insurance systems, which require that each driver’s insurance covers their own injuries and other losses, regardless of who caused the accident.
Basics of Illinois Auto Insurance
After an Illinois car accident, the insurance claim process typically begins with determining who caused the crash. If the insurance companies say you caused the collision, your insurance company will pay for the other driver’s losses up to your policy limits. If the other driver caused the crash, you can file a claim against their insurance. This is where liability insurance kicks in and the at-fault party’s insurance covers any personal injury to the other driver and property damages.
Liability insurance covers two different areas, bodily harm and property damages. Bodily harm covers any losses and damages caused by an injury from a car accident. Including:
- Pain and suffering
- Medical costs
- Lost wages
Additionally, property damage will cover any damages to property directly caused by the accident.
Your car insurance will include what’s called minimum uninsured motorist (UM) and underinsured (UIM) coverage. This will cover if you are injured in an accident by a party that either has no insurance or is underinsured. It will also cover hit-and-run accidents.
Unfortunately, UM and UIM only cover bodily injury losses and damages and not property damages. Car insurance companies will offer additional protection at extra costs but will cover any property damages from those situations.
How Much Does Illinois Require Car Insurance to Cover?
Illinois law says all drivers registered in the state must carry liability insurance to cover injuries or damage they might cause in an accident. The minimum coverage requirements are:
- $25,000 for injury or death of one person in an accident
- $50,000 for injury or death of more than one person in an accident
- $20,000 for property damage
It also requires minimum UM and UIM coverage.
Failure to drive without the required car insurance coverage can potentially result in severe punishments. These include fines and the suspension of your driver’s license. Additionally, failure to carry proof of insurance can result in fines of up to $1,000, a temporary driver’s license suspension, and a reinstatement fee of at least $100.
How We Can Help You with Your Auto Accident Claim
Working with an experienced car accident lawyer is vital to securing compensation after a car crash. The other driver’s insurance company is not on your side and employs countless professionals whose job is to save the insurance company money. Your attorney can gather evidence to support your case, handle settlement negotiations, take care of the claim’s forms, and do all the other work necessary to protect your rights. They can do all this while you heal, making your recovery easier on you. Finally, your lawyer can also represent you in court if the insurance companies won’t agree to a fair settlement offer.
Bartholomew, Shevlin & Flack, LLP proudly protects the rights of Illinois auto accident victims in St. Clair County and beyond. Call us today or complete our contact form for a free case review.