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Who Pays For Car Accident Compensation in Illinois?

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The financial toll of a serious car accident in Illinois can add up fast. Whether you’re dealing with a rear-end accident in Chicago or a speeding car crash on I-80 or I-72, all it takes is one small mistake by a reckless or negligent driver to cause your collision.

When this happens, it’s important that you know how to get the money you rightfully deserve for your accident-related expenses. Otherwise, you could end up having to pay for your accident out of your own pocket.

This is why it’s important to understand how the compensation system works for car accidents in Illinois. The process is different from many other states. That’s why it’s critical that you have a verified Illinois car accident lawyer on your side, guiding you every step of the way.

Illinois is an “at-fault” state

Like many other states, Illinois’ car insurance system is an “at-fault” system. This means the at-fault party is responsible for compensating injury victims for their accident-related expenses. The money paid to injury victims is legally known as “damages.” Often, the at-fault party pays for an injury victim’s damages in the form of a one-time settlement claim or jury verdict. Either way, you should not have to pay for your injury-related expenses if someone else caused your Illinois car accident.

What are the insurance requirements in Illinois?

In Illinois, state law requires all drivers to have car insurance coverage for all registered motor vehicles. The minimum required amount of liability insurance for property damage and/or injury-related expenses in Illinois is:

Drivers must carry proof of car insurance in Illinois at all times. Other rules and regulations may apply depending on the circumstances of your car accident.

Optional car insurance in Illinois

In addition to the mandatory minimum amount of car insurance required by the State of Illinois, drivers can choose to have additional, optional car insurance. According to the Illinois Department of Insurance, drivers may want to consider purchasing the following extra, optional insurance:

These are just some of the different types of optional car insurance available in Illinois. Talk to your insurance company or an experienced Illinois car accident lawyer to learn more about your options.

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If another driver caused your accident, you should be paid for all your accident-related expenses. Like many states, Illinois classifies compensation for car accidents into two categories – economic damages and non-economic damages.

Economic damages include direct losses due to your accident that cost you an objectively verified amount of money, such as:

  • Medical expenses related to your car accident injury, including the cost of all emergency medical treatments, surgery and future medical care.
  • Replacement income if cannot work while you’re recovering from your injury.
  • Home modifications if you sustained an injury that requires changes to your home. For example, you might need money to pay for a wheelchair ramp.
  • Lost future income if you cannot return to work due to a permanent disability.
  • Vehicle repairs or the cost of buying a new car if it’s declared a total loss.
  • Property damage caused by your accident.

Non-economic damages are more subjective losses due to an accident. This means they do not have a direct cost or dollar amount but still have an impact on your life. Non-economic damages can include:

  • Pain and suffering
  • Emotional distress
  • Loss of companionship

The bottom line is you should be paid for all of your expenses related to your accident, including pain and suffering. Talk to an Illinois lawyer to learn more about your legal options.

There’s often a lot of debate about how much money you should receive for your accident. The at-fault driver’s insurance company might make a lowball settlement offer and only take into account certain expenses. That’s not right. Your financial settlement or verdict should cover all your accident expenses, which can easily add up to thousands of dollars or significantly more.

The short answer? Yes, you have the right in Illinois to take legal action and file a lawsuit. Many times, this is the best way to get the money you deserve, especially if the at-fault driver’s insurance company doesn’t make a fair settlement offer or denies your claim. Deciding whether to file a lawsuit is a very complicated decision. An experienced Illinois attorney can help you better understand your options.

Like other injury claims in Illinois, anyone injured in a car accident only has two (2) years from the date of the crash to file a lawsuit or take other legal action. This 2-year deadline is known as the statute of limitations and can be found in Illinois Compiled Statutes 735, Section 5/13-202. This might seem like a long time. But the sooner you take action, the stronger your legal case will often be.

Demand the money you deserve. Talk to an Illinois car accident attorney

You might think you don’t need a lawyer if another driver clearly caused your Illinois car accident. But the reality is many collisions caused by other drivers often turn out to be complicated legal cases. That’s why it’s critical that you have an attorney on your side who understands how the legal system works in Illinois working for you. Schedule a free case evaluation today with one of the verified Illinois car accident lawyers listed on this website.

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