If you partially contributed to a car accident in Illinois, your degree of fault plays a crucial role in the claims process, and it can affect your ability to recover compensation for the damages you suffered. Here is how such situations often play out.
After an accident in which both drivers share fault, insurance adjusters will investigate the circumstances leading to the crash using evidence like police reports, vehicle damage, surveillance footage and witness statements. Thereafter, each driver will be assigned a percentage of fault.
Illinois follows a modified comparative fault system, which means you may pursue compensation from the other driver involved in the crash only if your share of fault is less than 51%. Additionally, your recoverable damages will be reduced by your percentage of responsibility.
When contesting fault makes sense
An unfair fault assessment can significantly reduce the value of your claim or even eliminate it. For instance, suppose you’re assigned 60% of the blame for the accident. In such a case, you would be barred from recovering any compensation since your share of responsibility exceeds the 50% threshold. This is where contesting fault becomes important.
You need proper evidence
Contesting fault isn’t as simple as giving your version of events. You need to back up your claims with solid evidence that supports your position. This means presenting a strong argument highlighting inconsistencies or overlooked details in the insurer’s findings. Even subtle clues, such as skid marks or the position of the vehicles after the crash, can help illustrate what really happened.
Having the right guidance can be invaluable after a collision. A qualified legal professional can help you understand your rights and gather the evidence needed to build a solid case. This can improve your chances of achieving a fair outcome and recovering the compensation you deserve in Illinois or in St. Louis, Missouri.