Illinois Auto Insurance Claim Laws: A Comprehensive Guide

Illinois auto insurance claim laws can be overwhelming, but understanding the basics can make a huge difference in the outcome of your claim.

You have 30 days to report an accident to your insurance company in Illinois.

Filing a claim on time is crucial, as it ensures that your insurance company processes your claim efficiently.

In Illinois, you're required to report accidents to the police, even if it's a minor fender bender.

If you're involved in an accident, make sure to exchange information with the other party, including their name, address, phone number, and insurance information.

In Illinois, you're required to report an accident to your insurance company in a timely manner. This is crucial for ensuring coverage.

If you're found to be 30% responsible for the collision, your compensation could be lowered by 30%. This is based on the state's comparative negligence rule.

You should call your insurance company as soon as possible if you're at-fault for an accident. Waiting too long to notify them might mean you won't receive coverage.

In Illinois, you may have a claim for uninsured motorist or underinsured motorist benefits if you're involved in a car accident with an at-fault driver who has no insurance or inadequate insurance.

Mandatory automobile insurance requirements in Illinois don't always mean everyone follows the rules, so it's essential to know your rights. An Illinois car accident can result in an uninsured motorist claim if the at-fault driver flees the scene and can't be identified, as is often the case in the Chicago metro area involving pedestrians or cyclists.

The Illinois Traffic Crash Report can reveal the identity and policy number for any insurance carried at the time of the accident, and additional insurance coverage information can be obtained by contacting IDOT to certify whether the driver is indeed uninsured.

If the at-fault driver carries an insufficient amount of insurance coverage, you may have an underinsured motorist claim. This can happen when the injuries or damages from an accident are so serious that they exceed the amount of coverage, such as in a motor vehicle crash involving two cars on I-88 in DuPage County, Illinois.

An underinsured motorist claim can be filed to pursue damages, including medical costs, pain, and suffering, that cannot be recovered from the at-fault motorist. This is often the case when the medical costs exceed the liability coverage limits, such as in an accident where the medical costs are $60,000 and the at-fault driver carries only $25,000 in BI liability coverage.

To file an uninsured or underinsured motorist claim, you'll need to file against your own automobile insurance policy or the policy of a household or family member. This requires written notices and technical steps, so it's best to consult with a knowledgeable Illinois uninsured and underinsured accident attorney right away.

If you've been injured in a car accident due to another driver's negligence, you may pursue a personal injury claim against the at-fault driver to recover several types of damages.

In Illinois, the law stipulates a two-year statute of limitations for personal injury claims resulting from car accidents. This means you must file your lawsuit within two years from the date of the accident.

You can recover various types of damages, including medical expenses, lost wages, and property damage. To do so, your Chicago car accident lawyer must establish that the accident caused all monetary losses.

Some common types of economic damages include all medical bills, physical therapy and rehabilitation after the accident, future medical treatment related to the crash, property damage, and lost income.

To prove who is at fault for a car accident in a personal injury lawsuit, an attorney must prove that a driver was negligent. This involves proving the 4 D's of negligence:

If you're wondering how to seek compensation even if you're partially to blame, there are three legal options to obtain damages after a car accident in Illinois.

Illinois follows a modified comparative negligence law, which means you can't claim compensation if you're 51% or more at fault for the accident.

In Illinois, there are two types of modified comparative negligence: the 51% rule and the 50% rule. The 51% rule is used in Illinois, where you can't receive any financial recovery if you're more than 51% at fault for a crash.

If you're partially to blame, you can still seek compensation through a first party claim with your insurance company, a third party claim with the at-fault driver's insurance company, or by suing the negligent driver in civil court.

Here are the different types of negligence in Illinois:

In Illinois, if you're partially to blame for a car accident, you can still seek compensation, but only if you're 51% or less at fault. This is known as Modified Comparative Negligence, a tort law that assigns compensation when two or more drivers are partially at fault.

There are other doctrines of negligence that states follow, and they differ in how they assign blame and compensation. For example, in five states, Contributory Negligence rules mean that if you're even slightly at fault, you can't sue the other driver.

Here's a breakdown of the different doctrines of negligence:

Illinois, however, follows the Modified Comparative Negligence - 51% Rule, which means that if you're 51% or more at fault, you can't claim compensation for bodily injury or car repairs.

Illinois is one of 38 states that is an at-fault state.

In a no-fault system, injured victims must file a claim with their own insurance company for reimbursement of medical bills and property damages.

A no-fault accident is one that you didn’t cause.

In an at-fault based system, the at-fault driver’s auto insurance company covers the damages of everyone involved in the accident.

At-fault accidents are ones that you certainly caused.

No-fault states don't require the at-fault driver's insurance company to cover damages.

Illinois drivers are considered at-fault for accidents they cause.

Illinois car insurance premiums can vary significantly depending on several factors, including your age, vehicle value, and driving record. The average driver in Illinois pays around $37 per month for state-required minimum liability coverage.

According to Bankrate.com, the average annual premium for full coverage in Illinois can range from $928 to $7,480, depending on the insurance company. For example, Geico offers an average annual premium of $928, while The Hanover offers an average annual premium of $7,480.

If you live in a city like Chicago, you may pay more for full coverage, with an average annual premium of $2,150. However, if you live in a city like Aurora, you may pay less, with an average annual premium of $1,397. Here is a table showing the average price for full coverage from one city to the next:

Keep in mind that these prices are averages and can vary depending on your individual circumstances.

In Illinois, you're required to carry liability insurance to cover expenses arising from property damage or bodily injury caused by an accident. The minimum coverage requirements are $25,000 for bodily injury or death per person, $50,000 for total bodily injury or death, and $20,000 for property damage.

To meet the minimum requirements, you'll need to have at least $25,000 of bodily injury and wrongful death liability coverage for one person injured or killed in an accident caused by the policyholder. This is in addition to $50,000 in total accident coverage for bodily injuries or deaths of multiple individuals.

Liability minimums include a minimum of $20,000 of property damage coverage, which pays to repair damage to other vehicles, structures, street signs, fencing, and so on, after an accident caused by the policyholder. This is crucial, as it can help protect your assets in the case of a lawsuit.

Here are the minimum insurance requirements in Illinois:

These minimums may not be enough to cover personal injuries and property damages in the event of an accident. It's essential to consider the increasing costs of medical care, building supplies, real estate, and vehicles when determining how much insurance to carry.

If you cause a car accident in Illinois, your insurance rates may increase, but it depends on the circumstances. If you're more than 51% responsible for the accident, your rates will likely go up when you renew your policy.

The 51% rule is a guideline in Illinois, and it's not the only factor that determines your insurance rates. Your insurance policy and requirements may be different, so it's best to call your insurance company to confirm.

Some insurance policies offer "accident forgiveness" if you haven't caused another accident in a certain amount of time. If you paid for accident forgiveness ahead of the crash, you may be able to use those benefits.

Accident forgiveness can be a lifesaver if you've had a minor accident. However, it's not a guarantee, and you should still review your policy to understand the terms and conditions.

If you're involved in an accident and are more than 51% responsible, your insurance rates may increase. But if you're less than 51% responsible, your rates may not go up. It's essential to review your policy and understand the specifics.

To give you a better idea, here are some average annual premium increases for full coverage in different cities in Illinois:

In Illinois, garage liability coverage is not required by law, but it's highly recommended to protect yourself from potential lawsuits.

The Illinois Insurance Code requires garage liability coverage to be included in a garage policy, but it's not mandatory for the policyholder to purchase it.

Illinois law defines garage liability coverage as "liability coverage for damages arising out of the ownership, maintenance, or use of a garage." This includes damages to property and injuries to people.

Garage liability coverage can be purchased separately from a garage policy or combined with other coverages.

You can choose a garage liability coverage limit that fits your needs, but the minimum limit required by the Illinois Insurance Code is $20,000 per person and $40,000 per accident.