I was involved in a not at fault accident, a car hit my rear as I was standing at a red light intersection. I am in the state of Illinois and my question is, as the damage is less than $1500. Who will pay for the damage, her insurance or my Insurance and should I file a claim if I have to pay for my own damage? Is IL a no fault state and what does it mean?

According to the Illinois Department of Insurance, the state's insurance regulator, when your vehicle is damaged in an accident, one of the first things you may have to do is file an insurance claim. Even if another driver caused the damage, you have the option to file the claim with either your own insurance company if you have the appropriate coverages (a "first-party" claim) or the other driver's insurance company (a "third-party" claim).

Insurance laws differ with regard to first and third party claims, so it is important that you understand your rights and duties in both cases. In a first party claim, you have a direct contract that requires your insurance company to fulfill all the conditions stated in your policy. In a third party claim, you do not have a direct contract with the insurance company and their primary obligation is to their own policyholder.

The other driver's insurance company will investigate the claim and will offer a settlement if they determine their insured is legally responsible for your injuries or damages.

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The state of Illinois follows a Tort system meaning someone must be found to be at fault for causing the accident, and that person and their insurance company is responsible for all the damages. If IL was a no-fault state then this would mean that bodily injuries would be taken care of by your own auto insurance, PIP, policy. However as we noted above IL is a Tort state.

Illinois has a "comparative negligence" law which means that more than one person can be at fault in an accident. Under this law, you can collect damages only if you are less than 50% at fault for the accident. The settlement can then be reduced by your percentage of fault.

For example, if the other driver is 80% at-fault and you are 20% at fault, you can collect for your damages because you were less than 50% at fault. However, the other driver's insurance company might only offer to pay for 80% of your damages.

If you have more questions about making a claim then your own insurance agent should be able to help you whether you make the claim through your own collision coverage or the property damage liability coverage of the other party involved in the accident.