Traffic can change in an instant. One moment you’re following the rules, the next you’re hit by another driver, and somehow the insurance adjuster is now claiming it’s your fault. This frustrating scenario occurs frequently due to Illinois’ comparative fault car accident rules, which allow insurers to argue that you share responsibility.
Knowing how this law works is the key to protecting your right to fair compensation after a collision.
Understanding Illinois Comparative Fault Car Accident Laws
In Illinois, fault in a car accident isn’t always clear-cut. Under comparative fault, every driver involved in a crash is assigned a percentage of blame. At times, one driver carries full responsibility, like a motorist who turns left without yielding and causes a direct collision.
Most crashes aren’t that simple. If the other driver was speeding through a yellow light or using a phone while driving, both parties could share fault. A jury examines the evidence and determines how much each driver contributed to the crash.
These percentages directly affect how much compensation you receive. For example, if you’re found 20 percent at fault, your recovery is reduced by that same amount. The law only allows recovery if you’re less than 51 percent responsible for the accident. Anything higher, and you lose the right to collect compensation entirely.
Why the Insurance Company Might Blame You
Illinois follows an “at-fault” insurance system, which means the person responsible for causing the crash must pay for damages. To avoid paying your claim, insurers often try to argue that you share the blame.
This tactic saves them money. If they can convince a jury (or even you) that you’re partly responsible, they can reduce or deny your payout. Even being labeled 10 percent at fault can cut into your settlement significantly.
Insurance companies might also use your own words against you. A casual statement like “I was running late” or “I didn’t see them right away” can become ammunition for their case. Every word matters, which is why knowing your rights before speaking with an adjuster is essential.
How to Protect Yourself After a Crash
The hours after a crash are confusing, but one wrong move can weaken your claim. Insurance adjusters may seem helpful, but their job is to protect their company, not you. They might ask for a recorded statement “to process your claim,” yet those recordings often serve one purpose: to limit what they owe.
Avoid giving any statement until you’ve spoken with a personal injury lawyer. A skilled attorney can deal with the insurance company, gather evidence, and protect your interests from the start.
If you suffered injuries while working, even in a vehicle-related incident, you may also benefit from consulting a workers’ compensation lawyer who handles job-related accident claims.
Simple steps can make a difference:
- Document everything at the scene, including photos and witness contact details.
- Seek medical care immediately to establish clear injury records.
- Avoid discussing fault with anyone other than your attorney.
Acting carefully in these first few days gives your legal team a stronger foundation to build your case.
The Real Cost of Comparative Fault
Even a small percentage of fault can significantly impact your recovery. If you suffered $100,000 in damages but were found 30 percent at fault, you’d only receive $70,000. That 30 percent loss could mean unpaid medical bills, lost wages, or ongoing treatment costs you must cover yourself.
This system benefits insurance companies far more than victims. Hence, legal representation is so important. It helps level the field against large corporations that use comparative fault laws to minimize what they owe.
Your Legal Advocate in an Unfair System
Illinois comparative fault car accident laws are designed to assign responsibility fairly. Yet, in practice, they often create confusion and stress for victims. Knowing how these laws work and having a dedicated advocate makes all the difference.
At Costa Ivone, we guide clients through every step of this process. Our team investigates each case carefully, challenges unfair blame, and builds solid evidence to support your claim. We focus on helping you recover physically, emotionally, and financially after an accident.
Costa Ivone: Turning Setbacks Into Stronger Recoveries
Fighting an insurance company alone can feel impossible, but you don’t have to. Our attorneys understand how to handle comparative fault car accident claims with skill and determination. We protect clients against blame tactics, stand up to insurers, and fight for the compensation they deserve.
If you’ve been blamed for an accident you didn’t cause, let us review your case and explain your legal options. Contact us for a free case review.