How Is Fault Determined in Car Accidents in Illinois?


Quick Answer

The insurance companies representing the drivers make determinations of fault for accidents that occur in Illinois, notes the Illinois Department of Insurance. If the involved parties cannot come to settlement terms with insurance companies, civil courts make the final determination of comparative negligence.

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How Is Fault Determined in Car Accidents in Illinois?
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Full Answer

Illinois uses a system of modified comparative negligence in placing blame for auto accidents, and an injured party can only collect damages if he was less than 50 percent responsible for an accident, states the Illinois Department of Insurance. While people can make full claims based on their assignment of less than 50 percent fault, insurance companies may decide to pay only a percentage of damages equal to the assigned fault.

When an insurance company declines to make an offer of payment after an accident, or if an injured party disagrees with his fault assignment, he can request that the Illinois Department of Insurance ask the company to review its determination, notes the agency. If the insurance company still withholds payment after the review, the injured party must turn to the civil courts if he seeks a different outcome. After the parties determine fault and reach settlements, insurance companies must pay for property damages even if injury settlements are still pending due to ongoing costs.

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