Key Car Accident Laws in Illinois: What You Need to Know Before Filing a Claim
If you’ve been injured or suffered vehicle damage in a car accident in Illinois, understanding the relevant laws is crucial for recovering compensation. Illinois has specific regulations regarding fault, filing deadlines, and compensation limits. This guide outlines what you need to know to navigate the legal landscape effectively.
Important Points to Consider After an Illinois Car Accident:
When pursuing a claim after a car accident in Illinois, keep these essential guidelines in mind:
1. Two-Year Deadline for Injury Claims
In Illinois, you have two years from the date of the accident to file a personal injury lawsuit if you have sustained injuries. This deadline is critical, as failing to file within this timeframe may result in losing your right to compensation.
2. Five-Year Deadline for Vehicle Damage Claims
For vehicle damage claims, the law provides up to five years to seek compensation. This longer timeframe allows you to gather necessary evidence and negotiate with your insurance company effectively.
3. Comparative Fault Rule
Illinois follows a modified comparative fault rule. This means you can recover damages only if you are found to be 50% or less at fault for the accident. If your fault exceeds 50%, you may be barred from receiving any compensation.
Understanding the Statute of Limitations in Illinois Car Accident Cases:
The statute of limitations defines how long you have to file a car accident lawsuit in Illinois. For personal injuries resulting from an accident, you must file within two years from the accident date. This same two-year period applies to wrongful death claims. However, for property damage claims related to vehicle repairs or replacements, the statute of limitations is extended to five years.
It’s important to differentiate between filing a lawsuit and submitting an insurance claim. The statute of limitations applies to court cases, while insurance claims follow different timelines set by your insurer. Always check with your insurance provider for specific filing deadlines.
How Illinois’ Comparative Fault Rule Affects Compensation:
In situations where both drivers share responsibility for an accident, Illinois applies the modified comparative fault rule. A judge or jury will determine both the total amount of damages and the percentage of fault attributed to each party.
If you are found to be partially at fault, your compensation will be reduced based on your percentage of responsibility. For instance, if you are deemed 20% responsible for the accident and your total damages amount to $10,000, your compensation would be adjusted to $8,000. However, if you are found to be more than 50% at fault, you may be prohibited from recovering any damages at all.
Navigating Car Accident Claims in Illinois:
Understanding Illinois car accident laws, including statutes of limitations and fault rules, can be complex. Having a skilled attorney by your side can streamline the claims process and enhance your chances of a favorable outcome. At Legal Chiefs, we connect you with experienced attorneys who can guide you through every step of your case.
If you’ve been involved in a car accident, don’t navigate this process alone. Contact Legal Chiefs today to find an auto accident injury attorney who can help you pursue the compensation you deserve.
Auto Accident FAQ
What should I do immediately after an auto accident?
Your first and foremost action following an accident is to stay calm, check if you or anyone else involved has been injured, and call the police. Get the name and contact information of all parties involved in the accident as well as any witnesses of the event. To document the damage, take pictures of the accident scene, the vehicles, and your injuries. It’s important not to admit liability until you hire an attorney because they will conduct a thorough investigation to establish the driver at fault.
Should I seek medical treatment after an auto accident, even if I feel fine?
Right after a car accident, you may feel fine, but injuries can surface days, weeks, and even months later. That’s why it’s good to see a doctor even if you don’t believe you were injured in the accident. Your doctor can recognize issues or injuries that won’t immediately become apparent to you and alert you to warning signs of injuries that may arise due to the accident. If you fail to treat your injuries within a certain period of time, you may forfeit your right to get reimbursement for future medical costs. The general rule is not to settle auto accident claims without having been examined by a medical professional.
Do I have to go to court if I decide to file an auto injury claim?
In most cases, you won’t have to go to court. The majority of auto accident claims are resolved outside of court after negotiating the terms with the insurer. Most insurance companies generally try to settle claims as quickly as possible and for as little money as possible, so it’s wise to have an attorney negotiate on your behalf.
What information is necessary when filing auto accident claims?
In addition to taking pictures of the accident scene and taking the contact information of the involved parties and witnesses, your detailed explanation of how the accident happened is also necessary to file a claim. Law enforcement reports of the accident will also serve as crucial evidence in your claim.
What if the accident was partly my fault?
Many factors determine the driver at fault in an auto accident case. Do not accept any part of the blame until the investigation has concluded. Even if the investigation finds that you are partially at fault, you may still be entitled to receive compensation. There are cases when the victim also shares part of the blame for an accident. If, for example, you were driving five to ten mph over the speed limit when the accident happened, this would have limited your reaction time, and you could likely be considered a negligent driver even if you weren’t the one to cause the crash. Different states have different ways of settling auto accident claims where more than one driver is at fault. So it’s best to check the specific laws in your state (or the state where the accident took place) or discuss the matter with your auto accident injury lawyer.
What if the at-fault driver doesn’t have insurance, or I’m the victim of a hit-and-run accident?
It happens surprisingly often that people get into an auto accident where the driver at fault doesn’t have insurance. In these situations, it’s wise to have an auto insurance policy that comes with Uninsured Motorist (UM) coverage. That way, if you get into an accident and the at-fault driver doesn’t have insurance, you will still be able to file your claim under the UM coverage you have with your own insurance company. Your insurer will then process the claim following the same process as it would for an opposing insurer. The only difference is that the claim will be against your UM coverage and not against another driver. Likewise, if you were involved in a hit-and-run accident where the responsible driver fled the scene before you could take their information, you can again seek compensation from your UM coverage.
What type of damages could I be entitled to in an auto accident case?
Suppose you suffered injuries after an auto accident that was caused by another driver’s negligence. In that case, there are two main types of damages that you may seek compensation for: compensatory (a.k.a. monetary) and punitive damages. Compensatory damages are the most common type of damages in a personal injury claim, and they often include: ● Current and future medical bills ● Property damage ● Emotional duress ● Lost wages ● Loss of enjoyment of life ● Loss of future earnings potential On the other hand, punitive damages are much rarer, but they can occur in situations where the vehicle manufacturer is to blame.