What Is the Difference Between Fault and No-Fault States?

One of the most essential elements in auto insurance is the concept of fault. In an auto collision, determining who is at fault impacts who is liable for the payment of compensation following a crash.

Illinois law is complicated regarding fault and how it affects a car collision case. Even if you are partially at fault for the accident, you could still be entitled to receive compensation for your injuries and losses. An experienced attorney from Salvi, Schostok & Pritchard P.C. can help you understand the law and how it applies to your situation. Reach out today for a free consultation.

How Working with an Experienced Car Accident Lawyer Can Make a Difference

Determining who’s at fault in a car accident is no simple task. It’s an attorney’s job to gather and review the evidence to identify the at-fault party. This is why your choice of a lawyer makes such a difference to the outcome of your case. When you work with the team at Salvi, Schostok & Pritchard P.C., you benefit from our many decades of experience and our track record of successfully securing compensation for our clients.

After we review the evidence — including your medical documentation, auto repair bills, and other evidence related to your injuries — we’ll determine the total dollar amount you deserve. One of the primary reasons to work with an attorney is that the initial offer from the at-fault driver’s insurance company may be far less than what you could receive with the help of an experienced attorney. We’ll consider all your losses and fight aggressively for justice on your behalf.

Salvi, Schostok & Pritchard P.C. has recovered more than $2 billion for our clients, including a record-breaking $33.2 million verdict on behalf of an auto accident victim. When we say we’re committed to fighting for your rights and the compensation you deserve, we mean it.

What Is a Fault-Based State?

From an insurance standpoint, the states are divided into two general categories: at-fault states and no-fault states. The distinction is critical when determining who pays in the event of a collision.

In an at-fault state (also called fault-based), the driver who caused the collision is responsible for paying for any injuries and other losses they caused. The compensation is paid through the driver’s bodily injury liability insurance (for medical expenses) and their property damage liability insurance (for damage to the vehicle and other property). These policies have upper limits, and if fair compensation is higher than the limit, the at-fault driver must pay the rest out of pocket.

What Is a No-Fault State?

In a no-fault state, fault doesn’t apply to injuries. Regardless of which driver is at fault, each driver’s own insurance will pay their respective medical bills up to their policy limits. Fault does

apply to property damage, though. The at-fault driver’s insurance must pay for the other driver’s vehicle repairs.

The 12 no-fault insurance states are: Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah. However, in Kentucky, New Jersey, and Pennsylvania, drivers can pay higher premiums and opt out of a no-fault policy if they wish. In exchange, they benefit from having no limitations on their ability to sue in the event of a collision in which another driver is at fault.

Illinois Approach

Along with 37 other states, Illinois is a fault state. In practical terms, this means that if you’re involved in a vehicle collision and suffer an injury, your ability to seek compensation depends on the other driver being primarily at fault.

Why Fault Matters in Illinois

Why does it matter who’s at fault in a car accident? Depending on the trajectory of your case, fault may enter the process at several key points, including during discussions with insurance companies, settlement negotiations, and court — and it determines who pays for injuries, property damage, and other losses suffered in the collision.

Fault is so important, in fact, that you should always take care not to admit fault or apologize in the moments following a collision, even though it can seem like a natural thing to say (and may even be true). Determining fault is the court’s responsibility.

In Illinois, fault also matters because of the modified comparative negligence law that applies in injury cases. Under this law, you can still seek compensation even if you’re found to be partially at fault for the collision, as long as you’re less than 51 percent at fault. However, your compensation will be reduced by the percentage of your fault. In other words, if you’re awarded $100,000 in damages but are found to be 20 percent at fault, your recovery would top out at $80,000.

Your Next Steps with Our Chicago Car Accident Attorneys

Discussions of fault and financial responsibility law can get complex. For this reason, you should contact an auto accident lawyer as soon as possible after a collision. When you reach out to Salvi, Schostok & Pritchard P.C., we’ll sit down with you for a free, no-obligation consultation. During our meeting, we’ll hear your story, get the details of the collision and your injuries, and provide an overview of your legal options.

If we believe you have a strong case and you elect to have us represent you, we’ll guide you through the process of seeking compensation for your injuries. We’ll gather evidence, file an insurance claim on your behalf, and negotiate with the other driver’s insurance company. If they don’t make a fair settlement offer, we can file a lawsuit and pursue your claim in court if necessary.

Salvi, Schostok & Pritchard P.C. is committed to helping victims deal with the fallout from an at-fault accident and seek the compensation they deserve. Contact us today to get started with your free consultation.