February 15, 2024
Determining fault is important after a car crash, especially if the crash involves injuries or fatalities. Fault refers to the party responsible for causing the accident.
It also affects how insurance companies handle claims and allocate compensation following a wreck.
Modified comparative negligence
Illinois follows a modified comparative negligence system. This means that compensation varies based on the degree of fault attributed to each party involved in the accident. Under this system, if a judge or court determines that the injured party is less than 50% at fault for the accident, he or she may still be eligible to recover damages. However, if a court or a judge decides the injured party is 50% or more at fault for the crash, he or she may not be able to recover any compensation.
Fault determination consequences
The determination of fault in an insurance claim can have notable consequences for both parties. Being partially at fault may result in reduced compensation. It also has the potential to lead to a denial of the claim altogether, depending on the degree of fault assigned. Conversely, proving the other party’s fault can strengthen the injured party’s claim. In doing so, it can increase that party’s chances of receiving fair compensation for losses.
Understanding what constitutes fault and what the implications of fault are is necessary for anyone navigating the aftermath of a car accident. By understanding their rights and responsibilities, those in car accidents can better advocate for themselves and protect their interests following a collision.
