Fault – How is fault determined in a Illinois Car Accident:
- Proportional Comparative Fault also known as “Modified Comparative Negligence – 51% rule”
- Illinois has adopted “proportional comparative fault” as a measure to determine the recoverable amount of damages a person may recover, based on the percentage of fault of that person. In Illinois, the amount of proportional comparative fault is determined for each person involved in a car accident. If the injured person is more than 51% at fault, they may not recover for their injuries. If the injured person is 50% or less at fault, they may recover damages, reduced by the percentage of his or her fault.
- For example: Ashley and Michele are in a car accident and Ashley is injured. It is determined that Ashley is 51% at fault. Under Illinois proportional comparative fault, Ashley may not recover any damages for her injuries. In comparison, if Ashley were 49% at fault, she would be able to recover damages under Illinois modified comparative negligence – 51% rule, minus her percentage of fault.
Illinois Car Insurance Requirements and Limits
- Bodily Injury Liability
- minimum limit of $ 20,000 per person per accident
- minimum limit of $ 40,000 total per accident
- Property Damage Liability
- minimum limit of $ 15,000 per accident
- Underinsured/ Uninsured Motorist Coverage
- Bodily Injury
- minimum limit of $ 20,000 per person
- minimum limit of $ 40,000 per accident
Illinois Small Claims Limit:
If a claim for damages in a car accident is $10,000 or less it should be assigned to the small claims court of the appropriate jurisdiction in Illinois.
Illinois Personal Injury Statue of Limitations:
In Illinois, a person should bring a personal injury claim within two (2) years of the accident ( one (1) year if against the State of Illinois), within one (1) year for libel and slander, and within five (5) years for injury to personal property. 735 ILCS 5/13-201, 13-202, 13-205.
Illinois Statues Online: Illinois Codes Online.
- Illinois Accident and Personal Injury Laws:
- Statue of Limitations for Personal Injury
- Illinois Code of Civil Procedure, 735 ILCS 5/13-201, 13-202, 13-205
- Insurance Requirements
- Illinois Vehicle Code, 625 ILCS 5/7-601
- Illinois Vehicle Code, 625 ILCS 5/7-203
- Illinois Vehicle Code, 215 ILCS 5/143
- Small Claims Limits
- Clerks of Courts Act, 705 ILCS par. 90
- Illinois Supreme Court Rule 282
- Claims Against Public Entities
- Court of Claims Act, 705 ILCS 505/22-1, 22-2; 705 ILCS 505/1; 705 ILCS 505/8(d).
- State Lawsuit Immunity Act
- Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1- 101
Illinois Car Accident Reports
- Police Reports
- To obtain a copy of a police report form the Illinois State Police, you may either submit a request via e-mail through the Illinois State Police Website or submit a written request with the agency crash report number, IDOT number, date of crash, driver’s name and/or a passenger’s name. Include a check or money order payable to Illinois State Police for $5 for a traffic crash report or $20 for a traffic crash reconstruction report. Include a self-addressed, stamped envelope and submit to Illinois State Police. To receive an accident report from local police, call or visit the police station for information on how to receive an accident report.
- DMV Reports
- For car accidents in Illinois, each driver involved must file a crash report regardless of fault, if the accident caused a death, bodily injury, or more than $1,500 of property damage. If any car in the crash in uninsured, a report must be filed for $500 or more of property damage.) A report should also be made to the Illinois Department of Transportation no later than 10 days after the accident. The form for the report may be obtained from a police officer or automobile insurance agency.
Insurance Notification
Most auto insurance companies require prompt reporting of a car accident from their policy holders. If your insurance company is not notified within a VERY short timeframe, your insurance company may deny you of coverage for your car accident. Check with your insurance policy for notice requirements.