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Filing a Property Damage Claim in Illinois (Part A)

You've just been involved in a car accident in Chicago, resulting in injury to yourself and damage to your car, maybe even your personal property. Automobile accident claims aren't just focused on the injuries you sustained, but also the damage to your property. It's important to know what is and isn't covered by your insurance when filing a property damage claim in Illinois, and your Chicago personal injury lawyer can help.

Fault States and What That Means To Your Property Damage Claim

The state of Illinois follows an at-fault policy for automobile accidents, meaning each driver involved has the right to file claim against the other for damages resulting from the accident. During the property damage claim, a degree of fault will be determined to see which party is liable for the damage claimed within the lawsuit stemming from the Chicago car accident.

You as the plaintiff must be found to be less than 50% at fault for the accident or the case will be dismissed under Illinois' contributory negligence law. As long as you were found to be less than 50% at fault, your case can proceed under the comparative negligence law, which still allows you to recover reduced damages, even if you are found to be partially at fault for your Chicago car accident.

Auto Insurance Limits For Property Damage Liability

Illinois' auto insurance policy requires that all drivers carry a minimum of $15,000 in property damage liability coverage. This means that the other driver's insurance company will pay for up to $15,000 in damages caused to your vehicle and other property that may have been damaged in the crash.

there is additional insurance coverage that you can purchase that can impact your property damage claim. This includes custom/non-factory equipment coverage which protects for damage caused to customized vehicle features, such as media equipment which was added after the vehicle left the factory.

Illinois requires that drivers purchase uninsured motorist coverage of at least $20,000 per person and $40,000 per accident to help you in case you were involved in an accident with an uninsured driver.

Continue reading to find out what sort of property is covered in an Illinois property damage claim and how to begin filing your claim after a Chicago car accident.

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