The Basics of Illinois Comparative Fault
Proportional comparative fault is a key part of determining case viability. This law applies in accident situations where more than one party is responsible. For example, one car making a turn across a lane hits a car speeding down the road. Technically, the turning car hit the speeding car, but both share responsibility for this accident.
How Comparative Negligence Affects Illinois Drivers
Comparative negligence is a standard established by the state to determine percentage of fault when recovering damages. This law affirms that a party may only file an insurance claim for damages if they are less than 50 percent responsible for the accident. In addition, the insurance company can reduce the claim payment by a fault percentage. If the determination is one party must take 20 percent of the fault for the accident, the company cuts the recovery payment by that percentage.
When you file a claim with an insurance company, they make an offer based upon what they believe to be their insured’s amount of negligence. The claim adjuster interviews the parties involved and reviews the official accident report. With all of the facts on the table, the adjuster suggests a dollar amount to cover the damages and then determines the percent of fault of their insured.
What If the Fault Percentage is Wrong
It is possible that you will disagree with the insurance company’s determination for the level of their insured's negligence. When this happen, you can have your car accident attorney in Illinois file a complaint with the Department of Insurance. They can request the company review that matter. If that is not productive in resolving the discrepancy, then it becomes a civil case for the courts.
Laws like comparative negligence make seeking a car accident attorney in Illinois vital when there is a problem. Comparative negligence can significantly reduce the amount of your damage payment, even if the accident is not your fault. It is the job of the lawyer to represent your interests to get a fair settlement.
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