If you’ve been in a car accident, it’s likely one of the first questions that comes to mind: Is Illinois a no-fault state for auto accidents? The answer matters because it affects who pays for your medical bills, vehicle repairs, and other losses, as well as how quickly you might receive that compensation.
Illinois drivers are often surprised to learn that our state does not follow a no-fault system. Instead, Illinois uses a fault-based approach. That means determining who caused the crash is the first step toward recovering compensation.
Contact us today at 331-295-8005 to discuss your case and learn how we can help you.
Illinois Is an At-Fault State
When you’re in a car accident in a no-fault state, your own insurance company pays certain damages, like medical expenses, no matter who caused the crash. In Illinois, things work differently. We are a “fault” or “tort” state, which means the driver who caused the accident (and their insurance company) is legally responsible for covering your damages.
So, if you’re asking, “Is Illinois an at-fault state?”—the answer is yes. Fault matters here. It will determine whether you get compensated, how much you receive, and from whom.
How Fault Works in Illinois
Illinois law uses a modified comparative negligence system. Here’s what that means:
- You can only recover damages if you are 50% or less at fault for the crash;
- If you share some fault, your compensation will be reduced by your percentage of responsibility; and
- If you are 51% or more at fault, you can’t recover anything.
For example, if you were awarded $100,000 in damages but were found to be 20% at fault, your award would be reduced to $80,000.
Why This Matters for Your Claim
Because Illinois is an at-fault state, proving negligence is crucial. The insurance company for the at-fault driver will look for ways to limit or deny your claim, often by arguing that you share more responsibility than you actually do.
Evidence that can help establish fault includes:
- Police reports,
- Eyewitness statements,
- Photos and videos from the scene,
- Vehicle damage reports, and
- Traffic camera or dashcam footage.
The sooner you start collecting and preserving evidence, the stronger your case will be.
Insurance and Filing a Claim
If you’re not at fault, you have a few options:
- File a third-party claim—with the at-fault driver’s insurance company;
- File with your own insurance company—if you have collision coverage or uninsured/underinsured (UM/UIM) motorist coverage; or
- Pursue a lawsuit—if insurance doesn’t offer a fair settlement.
Illinois requires drivers to carry minimum liability coverage of:
- $25,000 for injury or death to one person,
- $50,000 for injury or death to more than one person, and
- $20,000 for property damage
While these limits are the minimum, they often aren’t enough to cover the costs of a serious accident. That’s where an experienced attorney can help you explore all possible sources of recovery.
What About No-Fault Benefits?
Some clients ask, “Is Illinois a no-fault state for car accidents?” because they’ve heard about Personal Injury Protection (PIP) policies in other states. Illinois does not require PIP coverage, though you can purchase medical payments coverage (MedPay) as an optional add-on to help pay medical bills regardless of fault.
Still, this coverage is limited, and in most cases, your recovery will depend on proving that the other driver was responsible for the crash.
Deadlines to File a Claim
If you’ve been injured, you generally have two years from the date of the accident to file a personal injury lawsuit. For property damage, you have five years. Missing these deadlines can mean losing your right to compensation altogether.
Why Having an Attorney Helps
When you’re recovering from an accident, dealing with insurance adjusters, paperwork, and legal deadlines can be overwhelming. At Marker Law, we focus on clear communication, so you’ll always know where your case stands. We also have strong relationships with local medical providers to help you get the care you need while your case moves forward.
We work to handle negotiations, protect you from unfair blame, and fight for the full value of your claim, so you can focus on healing.
FAQs
When Did Illinois Become a No-Fault State?
Illinois has never been a no-fault state. While no-fault laws were proposed in the 1970s, they were never enacted. Illinois has always followed a fault-based system for auto accidents.
Who Is at Fault in a Car Accident in Illinois?
In Illinois, the driver whose negligence caused the crash is considered at fault. Negligence means failing to use reasonable care—for example, by speeding, running a stop sign, or driving distracted.
Illinois uses modified comparative negligence, so you can recover only if you are 50% or less at fault, and your award will be reduced by your percentage of fault.
What If the Other Driver’s Insurance Company Says I’m at Fault?
In Illinois, your compensation can be reduced if you share responsibility for a crash. Insurance adjusters may try to assign more fault to you than is fair to lower your payout. You don’t have to accept their determination. You can challenge it with evidence like police reports, witness statements, and accident reconstruction.
Can I Still Recover Damages If the At-Fault Driver Is Uninsured?
Yes. If you carry uninsured/underinsured motorist (UM/UIM) coverage, your own policy can help cover medical bills, lost wages, and other losses.
A Local Firm That Stands with You
After a serious crash, you don’t need a lecture on “what you should have done.” You need straight answers, a plan, and someone who will take your side without hesitation. That’s what we do.
Marker Law has been part of Naperville’s legal community for more than a decade. We focus on personal injury and workers’ compensation cases, but what really defines us is how we treat the people who trust us with their case: with empathy, clarity, and respect.
If you want a law firm that will dig into the facts, challenge assumptions, and keep you informed without talking down to you after an accident, we’re here. Call our office today for a confidential consultation.