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 percent at fault.
Insurance adjusters decide on fault, using a standard formula. They will decide which driver is most at fault and assign a certain percentage of fault. For example, if the other driver is 80 percent at fault, you will be assigned 20 percent of the fault. In this situation, and any situation in which you are assigned less than half 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.
Remeber, too, that the insurance companies' decisions are not always right—and not always fair. The adjusters' rulings can be successfully challenged.
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 and Abraham. Our attorneys have been winning motorcycle and auto accident cases for over 20 years. Call us today at 1-800-800-5678 for a FREE, confidential discussion of your legal rights.