Getting into a car accident can be stressful and confusing. If someone hits your car in Illinois, you might wonder, “Someone hit my car, whose insurance do I call?” Understanding the insurance requirements and fault system in Illinois can help you navigate this situation more effectively.
In this blog, we’ll explain the basics of car insurance in Illinois, explain how fault is determined in an accident, and guide you through the steps to take when contacting insurance companies after someone hits your car.
Illinois Car Insurance Coverage
Before deciding which insurance company to contact after an accident, it’s crucial to understand the mandatory insurance regulations in Illinois. As stated in 625 ILCS § 5/7-203, Illinois drivers are required to have a minimum of $25,000 coverage for one person’s injury or death caused by the at-fault driver, $50,000 total for all injuries or deaths in an accident, and $20,000 for property damage caused by the at-fault driver.
This fundamental liability insurance includes costs for medical treatment, property damage, and other expenses for those involved in the accident. However, Illinois drivers are also advised to obtain additional collision insurance coverage to protect themselves in case of more serious car accidents that result in significant injuries or damages. If the policy runs out of coverage, the driver who caused the accident must pay for any extra costs.
Who is at Fault in a Car Accident in Illinois?
In states with “no-fault” labels, drivers must use their car insurance to pay for medical expenses and other costs, irrespective of fault in a collision. These states require individuals to have personal injury protection (PIP) insurance. Nevertheless, Illinois deviates from this method. It follows a “fault” system in which the at-fault driver is responsible for injuries and vehicle damages from accidents. In Illinois, the driver responsible for the accident is obligated to provide compensation to those impacted through their insurance coverage. Therefore, if another driver hits your vehicle, you have multiple options to pursue compensation:
- File a claim with your own insurance company: This is possible if the damages are covered under your policy.
- File a third-party claim with the at-fault driver’s insurance company: This means contacting the insurance provider of the driver who hit you.
- File a personal injury lawsuit: You can sue the at-fault driver in civil court to seek compensation.
More: What is the Statute of Limitations on Personal Injury in Illinois?
Someone Hit My Car. Whose Insurance Do I Call
Since Illinois operates under an “at-fault” system, it’s crucial to exchange information with the other driver and reach out to their insurance provider. Additionally, while not mandatory, it’s advisable to notify your own auto insurance company. Here’s why:
- Liability Insurance Requirement: Illinois law mandates that all registered vehicles have liability insurance. While the law doesn’t explicitly require you to inform your insurer about every accident, most insurance policies do. Failing to report an accident promptly could lead to your insurer denying coverage for injuries or property damage.
- Policyholder Responsibilities: As a policyholder, understanding the terms of your car insurance contract is essential. If you don’t have a copy, contact your insurer to obtain one. Review the terms carefully and ensure you can answer these questions:
- What are the bodily injury limits of your auto insurance policy?
- Does your policy include Medical Payments (MedPay) coverage? MedPay covers unexpected medical expenses like co-pays or doctor visits.
- Does your policy offer uninsured or underinsured motorist coverage? This coverage protects you from accidents involving drivers with insufficient or no insurance.
Consult an Illinois Car Accident Lawyer Now
Now that we’ve addressed the question, “someone hit my car, whose insurance do I call,” it’s time to navigate the next steps in managing the aftermath of the accident. If you need more certainty or are overwhelmed by the insurance process, consulting with a car accident lawyer can provide clarity and essential legal guidance. At Pacin Levine, P.A., we are here to offer compassionate support and protect your rights. Contact us at 1-800-247-2727 to schedule a consultation and move forward with confidence.
