IS ILLINOIS A ‘NO-FAULT’ STATE FOR CAR INSURANCE? After a car accident in Illinois, it can be confusing knowing what to do next. You may be asking yourself:
Comparative negligence means that the victim is entitled to recover damages up to the percentage of the fault assigned to the other driver. If the other driver was found 70% at fault, you are entitled to seek 70% of the cost of your losses, including economic and noneconomic damages.
• Which insurance company should I contact first — mine or the at-fault driver’s insurance?
• Who’s really at fault according to Illinois law?
How do I prove fault for a car accident in Illinois?
• Who’s responsible for paying my medical bills and car accident repairs?
Proving fault after a car accident follows the same process as any other personal injury lawsuit in Illinois. The injured party’s attorney files a complaint against the other party. The plaintiff must prove that the defendant owed a duty of care to them and that duty was breached, resulting in the plaintiff’s injuries. The Illinois personal injury lawyer must show through evidence that the plaintiff’s injuries only occurred because of the defendant’s negligent actions. Here are some examples of negligence in car accident claims: speeding, moving violations, driving under the influence, and distracted driving.
In every state, there are laws about who pays for what following a car crash. These laws either adhere to a “fault” or “no-fault” system. Most states have a fault system, requiring the at-fault driver and their insurance company to compensate his or her victim for the damages they caused. In a “no-fault” state, the driver who sustained injuries and property damage would first file a claim with his or her own insurance. If they suffered a serious injury, they may be able to file a personal injury lawsuit against the other driver. There are 12 no-fault states in the U.S.
If the defendant’s negligence caused the plaintiff’s injuries, then the defendant may be liable for any damages sustained by the plaintiff. Proving liability is just the first step in any personal injury lawsuit. If you have any questions about what to do after a car accident, feel free to text me at 312-847-2428. I’d be happy to help.
So, does Illinois have no-fault insurance?
Illinois is NOT a “no-fault” state when it comes to car insurance. It has an at-fault (or tort) system with comparative negligence laws. If a driver is found more than 50% at fault for causing an accident, he or she must compensate the other party for damages.
– Joseph Shannon
In 1990, the Department of Health and Human Services developed the Vaccine Adverse Event Reporting System (VAERS) in order to detect and track potentially unsafe vaccines administered in the United States. VAERS is run by the Centers for Disease Control and Prevention (CDC) and the U.S. Food and Drug Administration (FDA). WHY WAS VAERS CREATED? The purpose of VAERS is data collection. It helps identify trends in the safety of vaccines as well as the incidence of a particular side effect. For that reason, people are encouraged to report potential side effects of vaccines to VAERS, regardless of whether the exact cause is known. HOW DO I REPORT AN ADVERSE VACCINE REACTION TO VAERS? You can report it to VAERS without having to go through a health care provider. You can submit a report at VAERS.HHS.gov. If you report an adverse reaction from a vaccine to your health care provider, the law requires that your health care provider report it to VAERS under certain circumstances. WHAT IS VAERS?
petition with the VICP and will not afford you any of the benefits offered by the VICP, including compensation. WHAT HAPPENS TO MY ADVERSE VACCINE REPORT? After reporting to VAERS, you will receive confirmation that your report was received. In some cases, you will receive a request for additional information, which may include medical records. Unlike the VICP, VAERS is not concerned with whether the vaccine actually caused the side effect in question. There is no requirement that an individual supports his or her report to VAERS. It will be recorded no matter what. The data is recorded for interpretation only. SHOULD I REPORT MY VACCINE INJURY TO VAERS? Regardless of its limitations, I still encourage my clients to report their vaccine injuries to VAERS. The more information we have regarding vaccines and their side effects, the better. Ultimately, the goal is to produce a safe product, and VAERS is an important tool for that goal.
If you believe you have suffered a reaction from a vaccination, I strongly encourage you to discuss it with your health care provider and report it to VAERS. You may also be entitled to compensation through the VICP. If you have any questions, I would be happy to discuss your options with you.
DOES VAERS WORK WITH THE VACCINE INJURY COMPENSATION PROGRAM?
At Shannon Law Group, we help people file petitions through the Vaccine Injury Compensation Program (VICP). VICP provides compensation to those who have been injured by vaccinations. However, you should know that VAERS has no connection at all to the VICP. Reporting a claim to VAERS is not the same as filing a
– Jonathan Svitak
2 www.shannonlawgroup.com
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