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Personal Injury Protection (PIP) is a type of car insurance that covers your medical treatment if you are involved in a car accident, regardless of who caused the accident. In no-fault states, PIP coverage is mandatory. However, Illinois is not a no-fault state, meaning PIP coverage is optional.
Let our experienced attorneys help you secure the compensation you deserve. Call us at (866) 250-7527.
What Is Personal Injury Protection (PIP)?
PIP insurance helps cover medical expenses and lost wages for you and your passengers after a car accident, regardless of fault. It can also cover additional expenses such as rehabilitation and funeral expenses.
Illinois Fault Laws
It’s essential to grasp the state’s fault laws to understand the significance of PIP in Illinois. Illinois is a “fault” state, meaning the person who caused the accident (or their insurance company) must compensate the other drivers for any injuries and damages. This contrasts with “no-fault” states, where each driver’s insurance covers their injuries, and lawsuits against the at-fault driver are restricted unless medical costs exceed a certain threshold.
- No-Fault States: Washington, D.C., Florida, Massachusetts, Hawaii, Kansas, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, Utah, Kentucky.
Comparative Fault in Illinois
Illinois follows a “tort” system of modified comparative negligence or comparative fault. This system allows for the sharing of faults between drivers. For example, if you are 20% at fault and the other driver is 80% at fault, you can claim 80% of your damages from the other driver’s insurance. If your medical expenses are $10,000, you can claim $8,000 from the other driver’s insurance.
Minimum Illinois Auto Insurance Requirements
Illinois mandates that all drivers carry liability insurance, which covers bodily injury and property damage caused to others. Additionally, drivers must carry uninsured/underinsured motorist coverage to protect against drivers without insurance or in hit-and-run scenarios. While not required, comprehensive and collision insurance is recommended to cover damages to your vehicle.
Illinois PIP Pros & Cons
- Pros:
- Coverage for Medical Expenses: PIP covers your medical bills and lost wages, regardless of fault.
- Additional Coverage: It can cover expenses that health insurance might not, such as rehabilitation costs.
- Cons:
- Coverage Limits: PIP coverage ranges from $1,500 to $250,000. You must file a personal injury claim against the at-fault driver if your expenses exceed this limit.
- No Coverage for Pain and Suffering: PIP does not cover non-economic damages like pain and suffering or vehicle damage.
How PIP Claims Work
You can start filing PIP claims with your insurance company when you incur medical bills. You don’t have to wait until treatment is complete. Your insurer may require you to undergo an examination by a doctor they choose before processing your claim. Once your PIP limit is reached, your health insurance will continue to cover your medical expenses. If you recover damages from the at-fault driver, you must repay your health insurance and PIP providers.
Get Help from an Illinois Personal Injury Lawyer
Navigating insurance claims and understanding your coverage can be complex, especially after an accident. At Schierer & Ritchie, our skilled personal injury attorneys can help you submit your claims and fight to get the compensation you are entitled to. Whether negotiating with insurance companies or representing you in court, we are here to assist you.
Contact Schierer & Ritchie LLC
If you need assistance with a PIP claim or any personal injury matter, contact our Peoria offices today for a free consultation. Let our experienced attorneys help you secure the compensation you deserve. Call us at (866) 250-7527.