Is Illinois a no-fault state for car accidents? Illinois is not a no-fault state for car accident claims. By contrast, Illinois is a state with fault or tort liability. The driver responsible for an accident pays for the injured victim's damages. To obtain compensation, the injured victim must file a car accident claim against the at-fault driver's liability insurance policy.
No, Illinois is not a no-fault state when it comes to auto insurance. Illinois is a “at-fault” or “tort” state, meaning that the person who is at fault for a car accident is responsible for paying for other people's injuries and property damage as a result of the accident. In addition, unlike no-fault states, drivers in Illinois can file lawsuits seeking compensation for even basic medical expenses after an accident. So is Illinois a no-fault state? No, Illinois is actually one of 38 states that are at fault.
In no-fault states, drivers must file a car accident claim with their own insurance company if they have an accident. The legal team at Curcio Law has extensive knowledge of Illinois law and insurance laws in relation to car accident cases. For more information, see WalletHub's guides on no-fault insurance and the cheapest car insurance in Illinois. In typical no-fault states, drivers must have personal injury protection (PIP) insurance to pay for their own medical expenses after a car accident, regardless of fault.
Some states require drivers to have PIP or MedPay, while collision insurance is often mandatory if you rent or finance your car. You may have to go to court for a car accident if you can't reach an agreement with the insurance company. However, all car insurance requirements and policies are different, so the best way to know for sure is to call. If you're at fault for a car accident, your liability insurance pays for repairs to the other driver's car and will likely cover the doctor's bills if you're injured.
If their injuries and car repairs cost more than what liability insurance covers, victims can file a personal injury claim for full compensation. Car accident lawyers can also negotiate with insurance companies to obtain a fair settlement and calculate the damages associated with a case, including all economic and non-economic damages that may arise. In practice, this normally means that the at-fault party's insurance company will pay, but people can also file direct lawsuits for car accidents, since they are not restricted (as in no-fault states).