Car insurance covers many costs and damages after an accident, but what about liability? Generally, when a driver is held liable for an accident, they are responsible for paying the damages of other accident victims. While most people think of insurance as a safety net for their own injuries and costs, it can also help drivers cover other costs they might be liable for.
Liability coverage is not just included in car insurance policies in Illinois but is also required by law. Liability coverage is part of this state’s mandatory minimum requirements for auto insurance. This is not only important for you if you are found to be responsible for an accident, but it is important that the other driver has it so that they may cover your costs if they are held liable. If the other driver is uninsured, they have no liability coverage to help you, and you might need to file a personal injury lawsuit to get fair compensation.
Receive a private review of your case at no cost to you when you call our Evanston, IL car accident attorneys at the Rhatigan Law Offices at (312) 578-8502.
Is Liability Covered by Car Insurance in Illinois?
Liability coverage is required under 625 I.L.C.S. § 5/7-601(a) to be included in all auto insurance policies in Illinois. If you are an Illinois driver with auto insurance, you should have liability coverage. The same goes for other Illinois drivers that might hit you in an accident. Your damages may be paid for through their liability coverage. Our Palatine, IL car accident attorneys know how to use evidence and details from the crash to prove that the other driver should be held liable.
Liability coverage might not come into play in every single car accident case. Liability coverage does not apply to your injuries or damage to your vehicle. Instead, it applies to the injuries and damages of other people who were injured in the crash. On top of that, liability coverage only kicks in if someone is held liable for the accident. If you are not responsible for causing the crash, your liability coverage will likely not be used to cover anyone’s costs.
Why You Might Need Liability Coverage From Car Insurance in Illinois
You need liability coverage for two big reasons. First, you need to because the law says so. All drivers must have insurance that includes liability coverage. If you or another driver in your accident lacks liability coverage, there could be trouble. Second, drivers need liability coverage to ease the financial burden of paying for someone else’s costs and damages.
Liability coverage applies to the bodily injuries of others and vehicle damage to other people’s cars. Exactly how much coverage may be applied depends on the terms of your policy. The law requires certain minimum requirements for liability coverage.
According to 625 I.L.C.S. § 5/7-203, minimum liability coverage must include at least $25,000 for bodily injuries or death for any one person, $50,000 for bodily injuries or death for the entire accident – which may include multiple people – and $20,000 for property and vehicle damage to another person’s car. Additionally, liability coverage may extend to members of your household who drive your car and cause an accident.
If you were recently involved in a crash, have your lawyer contact the other driver and inquire about their insurance. You need their information to file a claim, and it is a good idea to figure out the limits of their policy. All your damages might be covered if they pay for a larger policy with much higher limits. If they pay for only the minimum coverage, and you have seriously expensive injuries, you might want to explore other options for getting fair compensation.
How Does Car Insurance Liability Coverage Affect My Illinois Car Accident Case?
If you were hurt in an accident, you can file an insurance claim with the insurance provider of the other driver. If they are properly insured, they should have liability coverage. When you file a claim in Illinois, you must prove the other driver’s fault. We might need copies of the police report, photos from the accident scene, details about your injuries and medical records, and anything else that might help us prove how the other driver is liable.
If your claim is approved, your damages may be paid for by the insurance company through the other driver’s liability coverage. However, you may only be paid up to the policy limit. If the other driver carries only the minimum required insurance and your injuries are severe, your damages might easily exceed the policy limits.
In that case, it might be better to sue the other driver. If you win, they must pay for the full extent of your damages, even if their insurance policy limit is insufficient. Suing is sometimes a better choice, depending on the circumstances, as it allows injured drivers to recover greater damages rather than settle for less.
What Happens if the Other Driver Has No Liability Car Insurance in Illinois?
If the other driver has no insurance, we can help you file a personal injury lawsuit. Without any auto insurance, including liability coverage, there is no way for you to get fair compensation through insurance. However, your insurance policy might cover you if the other driver is uninsured or underinsured.
Suing an uninsured driver can be a double-edged sword. On the one hand, they might have no money to cover your damages, and suing might be futile, even if you win. On the other hand, with no insurance to act as a safety net, the other driver might be far more inclined to agree to a favorable settlement. This might be a good option if the other driver is financially well-off.
The other driver may also be in some legal trouble, as all drivers are required to have insurance. Failing to carry car insurance may lead to legal penalties and fines.
Contact Our Illinois Car Accident Lawyers for Assistance Now
Receive a confidential assessment of your case free of charge when you call our Illinois personal injury lawyers at the Rhatigan Law Offices at (312) 578-8502.
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