Car accidents aren’t always simple. You know what happened, but that doesn’t mean the insurance company sees it the same way. In Illinois, fault matters—a lot. Under the state’s modified comparative negligence rule, if you’re found to be 50% or more at fault, you get nothing. Even if you’re under that threshold, your compensation gets reduced by your percentage of blame. That’s why every percentage point counts. And guess who’s controlling the initial numbers? The insurance company.
Insurance companies love to use this against injury victims. They’ll argue you were careless too—anything to reduce what they owe.
How Comparative Negligence Works in Illinois
Illinois follows a modified comparative negligence rule (735 ILCS 5/2-1116). Here’s what that means:
- You can recover damages if you were less than 50% at fault for the accident.
- Your compensation is reduced by your percentage of fault.
- If you were 50% or more at fault, you get nothing.
Let’s say you’re in a car accident. The other driver ran a red light, but you were going a little over the speed limit. The insurance company argues you were 20% at fault. If your total damages are $100,000, you’d only be able to recover $80,000—because your payout is reduced by your share of fault.
If they can push your fault to 50% or more, they don’t have to pay you a dime. That’s why fighting back against these claims is critical.
How Fault Is Determined
Insurance companies don’t just hand over money. They investigate, looking for any excuse to pay you less. They’ll:
- Review the accident report for officer statements and citations
- Interview witnesses to find inconsistencies in your story
- Analyze photos and videos to argue over minor details
Then, they’ll assign a percentage of fault that benefits them the most. If you don’t agree with their assessment, negotiation begins. If they refuse to be fair, the courts make the final decision.
Legal Advice Can Keep You from Losing Money
Most people don’t deal with personal injury claims every day. However, insurance companies do, and they bank on your inexperience. One wrong move, like giving a recorded statement, signing a settlement agreement too soon, or missing a deadline, can cost you thousands.
A lawyer guides you from start to finish. They tell you what to say (and what not to), when to accept an offer, and whether taking the case to court makes sense. Without solid legal advice, you could easily leave money on the table.
If the insurance company refuses to offer a fair settlement, you have one option left: take them to court. This is where having a lawyer really pays off. A lawyer builds a compelling case, presents evidence the right way, and argues to get you the best outcome possible. Sometimes, just the threat of a lawsuit is enough to make insurers play fair.
Get the Fight You Deserve
Insurance companies have teams of lawyers working to pay you as little as possible. You need someone who knows their tactics and won’t back down.
After a car accident, you don’t just need compensation—you need someone in your corner who’s willing to fight for every dollar you’re owed. That’s where The Berenz Law Network comes in. We don’t back down from insurance companies, and we don’t let them push you around. Call us at 312-888-6058 for a free consultation. If you’ve been injured, you deserve a chance to fight back—and we’ll make sure you get it.
Berenz Law Network
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