Being at fault for a car accident in Illinois can lead to serious legal and financial consequences. Although insurance may cover many damages, fault can limit your ability to recover compensation, increase premiums, and expose you to lawsuits. Because Illinois follows a modified comparative fault system, how blame is assigned directly affects who pays and how much.
Understanding the process and preparing for the outcomes can help you navigate a difficult situation with less risk.
Fault and Comparative Negligence in Illinois
Illinois follows a modified comparative negligence rule with a 51 percent bar. This means that if you are more than 50 percent responsible for an accident, you cannot recover any compensation from the other party.
If you are 50 percent or less at fault, however, you can still recover damages, but your compensation will be reduced based on your level of responsibility. For example, if your damages total $80,000 and you are found 25 percent at fault, you would be eligible to receive $60,000.
What Happens if You’re at Fault for a Crash
If you caused a crash, even partially, you could face several immediate and long-term consequences. These may include:
- Higher auto insurance premiums
- Civil lawsuits for damages that exceed your policy limits
- Denied compensation if you were mostly at fault
- Personal liability if you were uninsured or underinsured
- Points on your driving record
- License suspension in serious or repeated cases
- Criminal charges if the crash involved reckless behavior, alcohol, or drugs
These consequences often unfold in stages, beginning with the insurance claim process.
How Insurance Companies Determine Fault
Insurance companies rely on their own investigations to decide who was responsible for a crash. While police reports play an important role, they aren’t binding. An insurer may assign fault differently based on the available evidence.
Key factors considered by insurance adjusters include:
- Police reports and traffic citations
- Statements from both drivers
- Witness accounts
- Vehicle damage and skid marks
- Photographs and dashcam footage
- Accident reconstruction reports
Insurance companies often use comparative fault formulas to allocate liability percentages to each party.
Can You Dispute Fault in an Accident?
If you believe you were wrongly blamed for a crash, you have the right to challenge the fault determination. You can take several steps to dispute fault, such as gathering additional evidence, correcting errors in the police report, and submitting documentation to the insurance company.
You may also consult an attorney to formally contest the findings or file a counterclaim. If the insurance company refuses to adjust its determination, your next step may be to file a lawsuit.
What if Both Drivers Are at Fault?
It’s common for both drivers to share some level of fault in a crash. Under Illinois’ modified comparative fault rules, as long as you are not more than 50 percent to blame, you may still recover compensation. Your payout will be reduced by your percentage of fault.
Situations that often involve shared blame include:
- Rear-end collisions where the lead driver braked abruptly
- Left-turn crashes where the oncoming driver was speeding
- Intersection accidents where both drivers disobeyed traffic signals
In these cases, insurers may assign fault percentages to each party based on the facts and available documentation.
What To Do if You Caused an Accident
If you were at fault for a crash, you need to protect yourself from further legal and financial consequences. Recommended steps include:
- Avoid admitting fault at the scene
- Call the police and request an official crash report
- Take photos of the vehicles, road, and any relevant signs or hazards
- Exchange insurance and contact information with the other driver
- Notify your insurance company promptly
- Provide a factual statement, but do not speculate
- Decline recorded interviews with the other party’s insurer
- Seek legal counsel if injuries or large claims are involved
These steps help protect your rights and can limit your liability in the event of a lawsuit.
What if You Were Driving Without Insurance?
Driving without insurance is illegal in Illinois and creates serious risks if you cause an accident. If you’re uninsured, you may be personally liable for all damages, including the other party’s medical bills, lost wages, and vehicle repairs.
Other consequences may include:
- Driver’s license suspension
- Vehicle registration suspension
- State-imposed fines and penalties
- Lawsuits that can lead to wage garnishment or asset seizure
The state may also require you to obtain SR-22 insurance, which is significantly more expensive and includes ongoing monitoring.
Should You Hire a Lawyer if You Were at Fault?
A lawyer can help protect your financial interests, especially if serious injuries or disputed liability are involved. Legal representation is especially important when:
- The damages exceed your insurance limits
- You are facing claims from multiple parties
- The accident resulted in severe injuries or death
- There is disagreement about how the crash occurred
An attorney can negotiate with the other side, present evidence in your favor, and help minimize your financial exposure.
Protecting Your Rights in Wheaton, IL
Being at fault in a car accident doesn’t mean you are without options. However, it does mean you need to understand your obligations, protect your rights, and take the necessary steps to avoid deeper consequences under Illinois law.
To learn more, contact Zayed Law Offices Personal Injury Attorneys to schedule a free consultation with a Wheaton car accident lawyer.
We proudly serve Cook County, Will County, Kendall County, and their surrounding areas:
Zayed Law Offices Personal Injury Attorneys – Chicago Office
10 S La Salle St STE 1230, Chicago, IL 60603
Phone:(312) 726-1616
Hours: Open 24/7
Our firm is located near you. We have an office in Chicago
Find us with our GeoCoordinates: 41.8815493,-87.6327515
Zayed Law Offices Personal Injury Attorneys – Joliet Office
195 Springfield Ave, Joliet, IL 60435
Phone: (815) 726-1616
Our firm is located near you. We have an office in Joliet
Find us with our GeoCoordinates: 41.5254295,-88.1381011
Zayed Law Offices Personal Injury Attorneys – Rockford Office
318 N 1st St, Rockford, IL 61107
Phone:(815) 662-0330
Hours: Open 24/7
