When you think about the possibility of a motor vehicle accident, you might imagine a cut-and-dry situation in which one driver is clearly at fault and the other is a victim. In reality, many car accidents involve multiple drivers who are partially responsible for the crash.
If you know that you are partially to blame for an accident, you likely feel unsure about how to proceed when filing a compensation claim. By understanding how the law views partial responsibility, you can make a more informed decision when reaching out to your insurance provider.
Comparative negligence
There are laws in place which determine how involved parties share blame in the event of an accident. Illinois has modified comparative negligence laws stating that you, as an injured individual, can only recover damages if you are less than 50% at fault for the accident. The insurance company is typically responsible for conducting the investigation to determine the degree of fault for which each involved party is responsible.
Proportionate compensation
Even if you do not share equal or greater fault with the other party involved in an accident, you still might not receive the full amount of compensation if you are partially responsible. Instead, you will receive proportionate compensation based on the amount of fault you contribute as per the insurer’s investigation. For example, if you are 30% responsible, then the insurance company might only pay 70% of your damages.
Illinois enforces comparative negligence laws ensuring that a driver who is primarily responsible for an accident will not receive insurance compensation. You can still claim compensation even if you are partially responsible, though you can only recover damages proportionate to your degree of fault for the crash.