According to the Illinois Department of Transportation, approximately 817 traffic crashes occurred daily in 2022 and more than 9 people were injured per hour. If you’ve been injured in an accident, you may be wondering whether you have the right to sue after a car accident in Illinois.
While insurance claims are often the first step in seeking compensation, there are situations where filing a lawsuit is necessary—especially if the at-fault driver’s insurance company denies your claim or offers an unfair settlement.
In this Article:
- Can You Sue Someone for a Car Accident in Illinois?
- Proving Liability
- When Should You File a Car Accident Lawsuit?
- Is it Worth it to Sue for a Car Accident?
- What if I’m Partially At Fault?
- How to Sue for a Car Accident?
- Consult a Chicago Car Accident Injury Lawyer Today
Can You Sue Someone for a Car Accident in Illinois?
Yes. If you were injured in a car accident, you may be able to sue the other driver. Illinois is an at-fault state, which means the at-fault driver in a car accident must compensate the injured party for their damages.
Even if you were uninjured in the accident or only suffered minor injuries, you may still be able to collect non-injury damages for your property. A property damage-only lawsuit would allow you to make necessary repairs to your vehicle without
Proving Liability
To sue someone after a car accident, you must first prove liability. In other words, you have to prove that the other person (1) had a duty to care or had a legal obligation to operate their vehicle safely; (2) breached that duty of care; (3) caused the accident; and (4) caused harm or damages.
Evidence to support liability is vital in any vehicle accident lawsuit. That could include:
- police reports
- medical records
- witness statements
- photographs/video
- expert testimony
An attorney would be able to help gather this evidence, which is a major benefit of having legal representation in your case.
When Should You File a Car Accident Lawsuit
Filing a lawsuit may be the best course of action in the following situations:
- The at-fault driver’s insurance company denies your claim or offers an unreasonably low settlement.
- The at-fault driver is uninsured/underinsured.
- Liability is being unfairly disputed.
Is it Worth it to Sue After a Car Accident?
Usually, yes. Insurance companies are not on your side. You do not have to accept their lowball offers or duplicitous tactics to deny your claim. Take our clients at Disparti Law Group for example, a father whose son was seriously injured in a hit-and-run accident while riding his bike. The insurance company wrongly denied their uninsured/underinsured motorist claim and refused to cover his son’s mounting medical expenses.
Our expert team did not let this stand and filed a lawsuit on their behalf, pursuing the case all the way to the Illinois Supreme Court. The result? A big win for our clients and a father who can rest easy knowing his son’s treatment would be covered.
Suing after an accident isn’t just about money. It also holds negligent drivers and shady insurance companies accountable.
What if I’m Partially At Fault?
Unfortunately, Illinois uses comparative fault to determine how much in damages must be paid by each party. If you are less than 50% at fault for an accident, you still may be owed damages by the other party. However, the amount you are owed would be reduced relative to your percentage of fault.
For example, if you are 20% at fault for an accident and you recover $100,000 in damages, you will only receive $80,000. Needless to say, even if you are partially at fault for an accident, it’s likely worth it to file a car accident lawsuit.
How to Sue for a Car Accident
Before you can file a lawsuit for a car accident, you must file a claim with the other driver’s insurance company (if applicable) first.
1. Contact an Attorney
You should contact an experienced car accident attorney to handle your case if you want to proceed with a civil suit for your car accident injuries or property damage. The legal system can be challenging to navigate without a legal representative in your corner.
2. File a Complaint
Before filing a lawsuit against an insurance company, your attorney will draft and submit a complaint to the Illinois Department of Insurance. A complaint must be filed first to sue. If you are suing the driver or any other negligent party, your attorney will first draft a demand letter to provide an opportunity to respond. A lawsuit would then be filed with the courts if they fail to pay or respond by the deadline.
3. Discovery
The discovery stage is when all the evidence is gathered and exchanged between parties. The discovery phase can also involve interviews with witnesses or expert witnesses called a deposition.
4. Negotiation and Settlement Agreement
Most lawsuits, including those related to car accidents, usually reach a settlement and never see a day in court. You need an expert negotiator in your corner who can strong-arm the other party into a deal you deserve. Our team at Disparti Law Group always fights to maximize the compensation our clients rightfully deserve.
5. Got to Trial
If a settlement cannot be reached, the only way to proceed with your case is to go to trial and present the evidence to a judge or jury who will decide on fault and compensation. Be prepared to attend court if your case goes to trial.
Consult a Chicago Car Accident Injury Lawyer Today
Don’t let insurance companies take advantage of you—contact us today to discuss your case and take the first step toward justice. An experienced Chicago car accident injury lawyer can protect your rights, handle negotiations, and fight for the maximum recovery for your medical bills, lost wages, and pain and suffering.
At Disparti Law Group, we understand the challenges accident victims face and are committed to holding negligent drivers accountable. And with the “Larry Guarantee”, you don’t pay unless we win. For a FREE case review, fill out our form today or call (312) 600-6000 and find out why thousands say… Larry wins!
Car Accident Lawsuit FAQs
Here are a few answers to frequently asked questions regarding car accident lawsuits.
Can I file a car accident lawsuit even if I do not have insurance?
Yes, even if you do not have insurance you can file a lawsuit. However, if you are filing a lawsuit against a driver who does not have insurance, realistically, it may be less likely that you will receive the damages you are owed.
How long do I have to file a lawsuit for a car accident?
Every state has a statute of limitations that determines how long a person has to file a personal injury claim such as an accident lawsuit. In Illinois, the statute of limitations to file a car accident injury claim is only two years.
Two years may seem like enough time but a lot can happen in that time. It’s best that you contact a lawyer as soon as possible to preserve any evidence and ensure important details are not forgotten.
How much does it cost to hire a car accident lawyer?
When we take your case, you don’t pay unless we win as we work on a contingency fee. The last thing you should be worried about while recovering from injuries from your accident is your lawyer fees. Once we win your case, then a small percentage of your settlement will be used to pay court and attorney fees.
