Illinois is a no-fault divorce state, but it is not one of the few states that has no fault auto insurance. In a no-fault system, your auto insurance policy automatically covers your injuries and damages, no matter whose fault the accident was. The idea is that no time will be wasted litigating and enable a quicker claims process. The idea is that people will be encouraged to purchase good insurance because it covers themselves.
Why Isn’t Illinois A No-Fault Auto Insurance State?
Trial lawyers have fought no-fault legislation since the 1970s because it cuts into their business of prosecuting at-fault drivers on behalf of the victims. There are other people who argue the no-fault system encourages bad driving because there is no blame placed on reckless drivers. They also say that more people will drive uninsured if they think they can get away with it.
Why Do States Like New York Choose No-Fault?
States like New York, Kentucky, Hawaii, Kansas, Massachusetts, Michigan, Pennsylvania, Florida, New Jersey, Minnesota, North Dakota and Utah take the position that most accidents are, in fact, caused by average drivers that make mistakes (rather than reckless drivers that need to be punished). They feel the fault system devotes too much time and energy into determining fault. Drivers who are reckless or intoxicated are still punished in the court system of no-fault states.
What Happens In Illinois Auto Accidents?
If you suffer damage in an auto accident, you may:
- File a claim with your insurance company and assume you’ll be covered
- Pursue a claim directly with the other driver’s insurance carrier
- File a personal injury lawsuit against the other driver in court
In Illinois, whoever caused the accident is responsible for paying all the damages for both parties.