The state of Illinois abides by modified comparative negligence laws in order to dictate how responsibility following a car accident should be shared between involved parties where property damages and bodily injury was suffered.
According to modified comparative negligence laws, the parties involved are referred to as the insured and the claimant. When both parties are determined to be at fault in an accident, the insurance company will determine the liability for damages. An injured party can recover compensation only if that driver is less than 50% at fault for the damages or injury. However, the amount the insured party recovers can be reduced in proportion to the degree the injured party was at fault.
How Comparative Negligence is Resolved
To resolve comparative negligence, an insurance company will make an offer to the injured party based on what the insurance company believes to be the amount of negligence of its insured. To determine the amount of this offer, the insurance company may consider the following:
- Interviews with involved parties
- Interviews with witnesses
- The accident report
If the insurance company believes that its insured was not at least 50% at fault for the collision, the insurance company will not offer to provide compensation for the loss. However, an insured party may be able to negotiate with the insurance company until a settlement is reached. If a settlement is not reached, the court will make a final determination of competitive negligence.
Cavanagh Law Group Can Protect Your Rights After an Accident
If you were involved in an accident, it is crucial you seek legal help right away, regardless of who may be at fault for the collision. We can examine the details of your case and determine which strategies can help you pursue maximum compensation right away. At Cavanagh Law Group, our legal team of Chicago car accident lawyers is dedicated to protecting the rights and futures of our clients. Because we understand that car accidents can lead to numerous worries including those that involve medical expenses, lost wages, damaged property, and other damages, we work diligently to pursue only top-tier results for our clients.
Discuss your case by contacting our Chicago car accident attorneys today!