Illinois Fault Rule
Modified Comparative Negligence (51% Bar): Illinois follows a modified comparative negligence system with a 51% recovery bar. If you are 50% or less at fault, damages are recoverable subject to a proportional fault reduction.
Statute of Limitations
2 Years (735 ILCS 5/2-1116 & 735 ILCS 5/13-202): Claimants must finalize settlement agreements or initiate formal civil litigation within 2 years of the collision date.
Statutory Insurance Minimums
25/50/20 ($25k bodily injury / $50k per accident / $20k property damage): These mandatory insurance minimums represent the maximum available coverage under standard policies unless the driver purchased higher optional coverage.
How Fault Apportionment Affects Claims in Illinois
When negotiating auto accident claims in Illinois, insurance adjusters calculate damages using an itemized formula that adds economic losses (medical bills, future treatment, lost earnings, property repair) to non-economic damages (pain and suffering, loss of enjoyment of life).
Under 735 ILCS 5/2-1116, an injured claimant is barred from recovering damages if the trier of fact finds their contributory fault to be greater than 50%. When fault is 50% or below, the settlement payout is reduced by the claimant’s exact percentage of fault. Understanding this threshold prevents accident victims from being pressured into unfair initial liability splits during adjusters' telephone recorded statements.