An uninsured driver is not automatically at fault in a traffic accident.
According to the Illinois Department of Insurance (IDOI), fault in Illinois is determined based on something called 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.
Modified Comparative Negligence in Illinois
Modified comparative negligence is described in Illinois statute 735 ILCS 5/2-1116. This statute says that the injured party can only recover damages if they are found to be 50% responsible for the accident or less. The amount of recoverable compensation may be determined based on the injured party’s proportion of fault.
Typically, after an accident, you would be able to pursue compensation through an insurance settlement with the negligent driver’s provider, if they were found to be more at fault for the accident. However, if the driver is uninsured, you will have to take a different approach to seeking a financial recovery.
Contributing Factors That Determine Fault in an Accident
There are many types of risky driving that can affect the determination of fault after a traffic accident. Here are some of the more common forms of negligent driving.
- Drunk or drug-impaired driving: Those driving under the influence may have limited reflexes and dulled senses. They may struggle to see and respond to changing road and traffic conditions, resulting in accidents. They may also exacerbate an accident that would otherwise be less severe.
- Fatigued driving: Drowsy driving can also impact one’s reflexes and senses. Sleepy drivers may not be able to see or respond to situations on the road, and in some cases, they may even nod off at the wheel, putting everyone around them at risk.
- Distracted driving: Distractions can range from texting on your cellphone to messing with the radio or grabbing your purse from the backseat. Anything that takes your attention away from the road can put others at risk.
- Aggressive driving: Aggressive driving could include a range of unsafe behaviors like speeding, tailgating, weaving, or intimidating other drivers.
If you pursue a lawsuit against an uninsured driver, you could use any evidence of the other driver’s negligence to show that you deserve compensation.
Seeking Compensation After an Accident with an Uninsured Driver
After an accident, you could be facing many costly bills—from medical expenses to property damage costs. Even though you were hit by a driver without insurance, you may be able to pursue compensation for these costs through the following methods:
- Seek reimbursement for your losses through your own insurance policy
- If you purchased uninsured motorist coverage through your insurance company, you could use this coverage
- If these means of seeking a recovery fall short of covering your losses, you may be able to file a lawsuit against the negligent driver
We can explain more about how to get compensation after an accident with an uninsured driver. We can also tell you more about how comparative negligence laws in Illinois could affect the value of your case.
Fighting for Maximum Compensation with a Claim or Lawsuit
Although seeking an insurance settlement may seem straightforward, the process can get complicated, even if you are filing a claim through your own provider. In the event that you have to file a lawsuit to seek the fair compensation that you need from the uninsured driver, your case can become even more complex.
We can take several steps to help you pursue a fair settlement for your case, including the following:
Negotiating with the Insurance Company
We can help you negotiate for more from your insurance company. We will investigate the accident, compiling the evidence needed to demonstrate the true costs and losses caused by your accident. We will use this evidence to argue for more compensation on your behalf.
Taking the Case to Court
If your costs will not be covered adequately through an insurance claim, then we can help you file a lawsuit against the negligent driver. In court, the evidence will be presented, and if the trial goes to a successful verdict, a judge or jury could award you compensation to cover your medical bills, lost wages, and even your pain and suffering.
The Kryder Law Group, LLC will not charge you additional fees for the time it takes to try a case. Instead, we take our cases on a contingency-fee basis, meaning that we do not get paid unless or until we win compensation for you.
Call The Kryder Law Group, LLC Now
Contact The Kryder Law Group, LLC today at (312) 223-1700 to receive your free consultation and to learn more about comparative negligence and if an uninsured driver is automatically at fault in your traffic accident. We are proud to serve accident victims in Chicago.