Regardless of the weather, the winter holiday season is a dangerous time to be on the road. Increased traffic, distracted drivers, and those who have had too much to drink can make getting your family home quite the adventure. When accidents happen, it is important to know how to handle them. If you have been injured in an accident in which you were not at fault, you are likely eligible for compensation by filing a personal injury claim.

First- and Third-Party Claims

In the vast majority of cases, these types of claims will be handled by the two insurance companies of the parties involved in the accident. Filing for coverage with your own insurance company—if you were at fault or equally at fault as the other driver—this is known as a first-party claim. If you are filing for coverage with the other driver’s insurance company, this is known as a third party claim. Not surprisingly, filing a third-party claim is more complicated and difficult to administer because you often do not have direct contact with the point person at the insurance company.

The causes of car accidents are often complicated. With so many travelers on the roadways at any given time, the opportunity for mistakes to lead to an accident are high. When a collision occurs, it is not uncommon for both drivers to each have made a few driving errors which led to the incident. In the aftermath, it is natural for those hurt to ask whether they can still recover under the civil law if they contributed in part to the damage.

Illinois Liability Rules

Each state has somewhat different rules in this situation. Illinois is known as a “modified comparative negligence” state. Under state law, a party can recover for their losses in a civil lawsuit so long as they were less than 50 percent responsible for the accident.  Put another way, you can recover for your losses so long as you were not as culpable as the other party (or parties).