Illinois is not a no-fault state for car accidents. Instead, it follows a fault-based, or “tort,” system. That means the driver who causes the crash is financially responsible for the damages — including medical bills, lost wages, and vehicle repairs. If you were injured in a crash in Illinois, you’ll need to prove the other driver was at fault to recover compensation.
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This distinction matters. It affects how you file your claim, how long it takes to get paid, and whether you may need to go to court.
At Ankin Law, our Chicago car accident attorneys have decades of experience helping injured victims hold at-fault drivers accountable. Call us today at 312-600-0000 for a free consultation. We’ll fight back against insurance company tactics, and work to recover the compensation you’re owed.
What Is a No-Fault State for Car Accidents?
In no-fault states, each driver’s own auto insurance covers their injuries and damages, regardless of who caused the crash. Drivers in these states will need to file a car accident claim with their own insurance company if they get into a car accident. This system is designed to reduce litigation and streamline the claims process, but it can limit your right to sue the at-fault driver unless your injuries meet a certain “serious injury” threshold.
If injuries meet the criteria, accident victims — especially those who sustain catastrophic injuries such as traumatic brain injuries (TBIs) can file claims against the at-fault driver’s insurance company. If the insurer refuses to offer a fair settlement, injured victims might need to file a personal injury lawsuit and take the case to court.
Illinois Is an At-Fault State
Since Illinois is an at-fault state, you don’t file a claim with your own insurance company after a crash in most cases. You file a claim with the at-fault driver’s insurer. This requires proving negligence. If the driver admits they caused the accident, the process may go smoothly. If they deny liability or try to blame you for the crash, you may need to present evidence to prove you are not at fault.
Common types of evidence used to prove fault in Illinois car accident claims include:
- Police accident reports
- Dash cam or traffic camera footage
- Eyewitness statements
- Photos of vehicle damage and the accident scene
- Medical records
- Cell phone records (if distracted driving is suspected)
Proving Fault in an Illinois Car Accident Claim
To win a car accident claim in Illinois, you’ll need to prove the following four elements.
- Duty of Care: The at-fault driver owed you a duty to drive safely and follow traffic laws.
- Breach of Duty: The driver violated that duty — for example, by speeding, texting while driving, or running a red light.
- Causation: The driver’s breach of duty directly caused the crash and your injuries.
- Damages: You suffered physical, emotional, or financial harm as a result of the accident.
Each element must be supported by evidence. In serious injury cases, expert witnesses may be needed to establish long-term medical needs or accident reconstruction.
Understanding Comparative Fault in Illinois
Illinois uses a modified comparative negligence system. That means you can still recover compensation if you were partially at fault, as long as you were less than 50% responsible for the accident.
However, your compensation will be reduced in proportion to your share of fault. For example, if you were found 20% at fault for the crash and awarded $100,000, your final recovery would be reduced to $80,000.
This system often creates opportunities for insurance companies to shift blame and minimize payouts. That’s one reason why injury victims in Illinois often benefit from hiring a car accident lawyer.
Auto Insurance Requirements in Illinois
Because Illinois is an at-fault state, drivers are required to carry minimum liability insurance coverage to pay for damages they cause. These minimum amounts include:
- $25,000 to cover bodily injury or death per person
- $50,000 to cover total bodily injury or death per accident
- $20,000 to cover property damage per accident
In a serious crash, damages can exceed those limits quickly. If the at-fault driver doesn’t carry enough coverage to pay for the victim’s losses, other options may be available. For instance, the injured victim may be able to file a claim against their own underinsured motorist policy to make up the difference. They may also be able to sue the driver directly, or seek compensation from third-party sources, like an employer or defective part manufacturer.
Who Pays for Damages After a Car Accident in Illinois?
In Illinois, the at-fault driver’s liability insurance is the first source of compensation for crash-related losses. This includes payment for medical bills, vehicle damage, lost income, and in many cases, pain and suffering. But there’s a catch. Without clear evidence, your claim can be delayed, denied, or devalued. That’s especially true if the other driver insists you caused the crash, or if the insurance company claims your injuries aren’t as serious as you say.
What Happens If Both Drivers Deny Fault?
When both drivers blame each other for the accident, the insurance companies will open investigations. They often use photos, police reports, witness interviews, and medical documentation to determine liability. However, even if you think fault is obvious, insurers may still try to shift blame to reduce what they owe.
At Ankin Law, our attorneys know how to counter these tactics. We work with accident reconstructionists when necessary to protect your right to full compensation, then we present a compelling argument—whether we’re negotiating with adjusters or presenting evidence in court.
Does Illinois Auto Insurance Cover Pain and Suffering?
If you were seriously injured in a crash caused by another driver, their insurance policy may cover both economic and non-economic damages. That includes not only your medical costs and lost income, but also pain, suffering, and emotional distress. However, insurance companies rarely offer fair compensation for these non-economic losses without a fight.
In many cases, insurers only offer full compensation after a lawsuit has been filed—or when your lawyer presents solid evidence of your injuries, treatment, and how your life has been affected. At Ankin Law, we calculate the full extent of your damages and fight for every dollar you’re owed. That includes compensation for physical pain, mental trauma, permanent disability, and loss of enjoyment of life.
How Long Do You Have to File a Car Accident Claim in Illinois?
The statute of limitations to file a car accident lawsuit in Illinois is generally two years from the date of the accident. If you miss this deadline, you could lose your right to recover compensation, even if the other driver was 100% at fault.
However, insurance claims should be filed much sooner—ideally within days of the crash. The longer you wait, the harder it may be to gather the evidence you need to prove your case. Witnesses forget details, footage gets erased, and physical evidence can disappear. If you were injured in a crash in Chicago or the surrounding area, reach out to a car accident attorney at Ankin Law right away. We’ll act quickly to preserve evidence and protect your rights.
Get Help With Your Car Accident Claim
Whether you were rear-ended on I-90, sideswiped on Lake Shore Drive, or hit at an intersection in Cook County, your ability to recover compensation depends on what you do next. In Illinois, fault laws put the burden on you to prove that the other driver was negligent. You’ll need evidence, legal strategy, and a team that knows how to stand up to the insurance companies.
Ankin Law has been serving injured victims across Chicago and throughout Illinois for decades. We understand how Illinois fault laws work—and we know how to win. If you’ve been injured in a crash, call 312-600-0000 for a free consultation.
