Motor Vehicle Accidents: 101

Learn the basics and know your rights.

Motor Vehicle Accidents: Here is what you need to know

Illinois motor vehicle laws are based on the legal principle of negligence. Everyone driving their vehicle on the road has a duty to drive it safely. If they fail to drive it safely and cause an injury to someone, they are responsible for the damages they cause.

In Illinois, everyone is required by law to have insurance on their vehicle. So, if someone smashes into the back of your car, the law says they need to have insurance on their car to pay to fix your car and fix your body. If they don’t have insurance, most times your own insurance policy will cover to fix your body. Even if you are on “liability only”, if you get hit by someone without insurance, your bodily injury claim may still get paid. 

​There are two main things we think about when it comes to a car accident. Fault and Damages. 


Who is at fault for your accident? Was the other driver 100% at fault? Or was it maybe more 50/50? In Illinois someone who sues or makes a claim against another driver, can only recover if their own fault for the accident is less than 50%.  

​Who determines how much fault each driver has? At trial, it’s typically the jury. If your case doesn’t go to trial (and most don’t) the lawyers and insurance companies will argue about this point. At Chig Legal, our Naperville injury lawyers will fight to make sure the other driver is held responsible for every % they are at fault. 

​If you are certain you had the green light, and the other driver says they had the green light, we’ll try and gather evidence to prove what happened. Sometimes there is camera footage from the city you can request. (See Resources Tab at Top). 


What are damages? The things you lost as a result of the car accident. That’s what damages means. Are you going to lose money because you have to pay medical bills? Are you going to lose money because you can’t work for a few weeks? Did you lose the ability to bend over and tie your shoe without shooting pain down your spine? Did you lose the opportunity to play in your beer league softball games for a month? These are your damages. The things you lost all because someone else wasn’t paying attention. 

​Even if your health insurance has paid all of your medical bills, you can still get compensated for those medical bills. Think of all the money that you (or your employer) has paid for that health insurance coverage. In Illinois, the at-fault driver doesn’t get to benefit from the fact you’ve been paying your health insurance premiums. Also, did you know that your health insurance company may actually try to get money back from you when you get hurt in a car accident? Crazy, I know. The law in Illinois allows them to do this. They wouldn’t have had to pay all of your medical bills if it wasn’t for the at-fault driver causing this wreck, so if the at-fault driver is paying for this accident, your health insurance company may reach out for payment too!

​Because of all of these nuances, it’s important you lawyer up. It’s important you call Chig Legal. Our Naperville car accident lawyers will make it right. Let us deal with this nonsense so you can focus on getting better.


If you need a personal injury lawyer in Chicago, Naperville, or any surrounding area, you must be reviewing your options on who is the best attorney for you. Choose Chig Legal today. We are a small boutique firm able to give the attention necessary for each client at the highest level.

We Treat You Like Family

When you work with Chig Legal, you immediately become a member of our family. We won’t stop until we get what’s right for you, the same as we wouldn’t stop for our own family.

Open Communication

Communication is critical between attorneys and their clients and that is why we built a robust process and guidelines on communication, so we are in sync and on the same page all the time.

Go With A Tough Lawyer

We are well-known by opposing lawyers, who understand that we won’t stop until we have held people accountable for their wrongdoings. Our trial lawyers are willing to fight for you to make it right.
If you would like us to assess your case and help you understand how our services can benefit your claim, please reach out to us online or call (312) 300- 2444. Chig Legal is here to help.