Is an Uninsured Driver Automatically at Fault?

An uninsured driver is not automatically at fault in a traffic accident in Illinois. If you or a loved one has been injured in an accident by an uninsured driver, or were injured while driving without insurance, our experienced car accident lawyers can help.

According to the Illinois Department of Insurance (IDOI), fault in Illinois is determined based comparative negligence. Basically, the driver whose negligence contributed the most to the accident will be held at fault for what happened, regardless of insurance status.

Automatic Fault for Uninsured Drivers?

Modified Comparative Negligence in Illinois

Modified comparative negligence is defined in Illinois law 735 ILCS 5/2-1116. It states that the injured party can recover damages only if they are 50% or less responsible for the accident. The compensation amount depends on the injured party’s share of fault.

After an accident, you can usually seek compensation through an insurance settlement with the negligent driver’s insurance company if they are more at fault. However, if the driver is without insurance in Illinois, you will need a different approach for financial recovery.

What Evidence Establishes Fault in a Car Accident?

To determine the at-fault driver in a car accident, Illinois courts will look at evidence such as:

• The official police report
• Eyewitness testimonies
• Physical evidence from the scene of the accident
• Violated traffic laws and regulations

The court assigns fault percentages to parties in an accident, and if you are partly responsible, your compensation is reduced by your share of fault.

What Determines Fault?

Risky driving behaviors can affect who is at fault in traffic accidents. Negligent driving includes:

• Driving under the influence of drugs or alcohol
• Driving while fatigued or drowsy
• Distracted driving, involving activities like texting or adjusting the radio
• Aggressive driving, including unsafe actions like speeding, tailgating, weaving, and intimidating other drivers

What Are My Options for Seeking Compensation After an Accident With an Uninsured Driver?

Following an accident with an uninsured driver, you might still seek compensation through various methods:

• Claim reimbursement for your losses through your insurance coverage.
• Again, use your own insurance company and your uninsured motorist coverage or your auto insurance liability coverage.
• If these options don’t fully cover your losses, you may be able to sue negligent uninsured drivers.

Is Uninsured Motorist Coverage Required in Illinois?

Yes. Illinois law currently requires uninsured motorist limits of at least $25,000 per person and $50,000 per accident.

How Can a Car Accident Attorney Help Me?

Seeking a car insurance settlement might seem simple, but it can become complicated, even when dealing with your own insurer. If you need to sue to get fair compensation using an underinsured or uninsured motorist claim, your case may become even more complex.

A car accident lawyer from our firm can help by:

Explaining Auto Insurance Policies

We can help you understand how your insurance policy applies to your case, explain the legal process, and answer your questions.

Negotiating With the Insurance Company

We can help you negotiate with your insurance company. We’ll investigate the accident and gather evidence to show your true costs and losses. This evidence will be used to argue for more compensation for you.

Taking the Case to Court

If your insurance claim doesn’t cover your costs, we can help you sue the other driver. In court, evidence will be presented, and if the trial ends successfully, a judge or jury could award you compensation for medical bills, lost wages, pain and suffering, and more.

Contact The Kryder Law Group, LLC Accident and Injury Lawyers

Our car accident lawyers assist clients who are dealing with car accidents involving uninsured or underinsured drivers. Call us for a free consultation to evaluate your case and explore compensation options.