A:

In Illinois there is a comparative negligence law.  This means that if appropriate, more than one person can be at fault in an accident.  Under the comparative negligence law you, as an accident victim, can only collect damages if you were less than 50% at fault. 

Insurance adjustors decide on fault, using a standard formula that is discussed here.  They will decide which driver is most at fault and assign a certain percent of fault.  For example, if the other driver is 80% at fault you will be assigned 20% of the fault.  In this situation, and any situation in which you are assigned less than 50% of the fault, you can collect damages.  Keep in mind, though, that the other driver's insurance company may only offer to pay their driver's percentage, even if you believe this to be wrong.

If you believe that you have been wrongly assigned fault in an accident or need help fighting for your rightful compensation, please contact an experienced personal injury attorney at Hupy & Abraham.  Our attorneys have been winning motorcycle and auto accident cases for over 20 years.  Call today.  1.800.800.5678

Also, please feel free to download our free report, "Secrets Your Insurance Agent Won't Tell you about buying Motorcycle or Car Insurance".  Our team of lawyers wrote this absolutely free book to help protect you and save you money; both before and after an accident. 

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