Illinois Administrative Code
Title 80 - PUBLIC OFFICIALS AND EMPLOYEES
Part 3100 - AUTO LIABILITY
Section 3100.300 - Standards to be Used by Claims Adjustors
Universal Citation: 80 IL Admin Code ยง 3100.300
Current through Register Vol. 48, No. 38, September 20, 2024
a) For the purposes of this Part, an employee shall be "at fault" when:
1) the accident is
caused by the failure of the employee to operate the motor vehicle with the
degree of care that would normally be exercised by an ordinary reasonable
person; and
2) the failure of the
employee to exercise due care is more than 50% responsible for the resulting
accident.
b) In determining an employee to be at fault, the claims adjustor shall consider:
1) any mitigating factors present, such as an
employee's being required to drive under adverse weather conditions or on
congested roadways;
2) special
requirements of the employee's assignment or standing departmental orders or
policies, including the needs of law enforcement, public safety and emergency
personnel.
c) The determination of "at fault" made by the claims adjustor is a determination of insurability and shall not under any circumstances be interpreted as an admission of liability. All findings shall be treated as confidential information. The records shall not be available for non-official inspection and use or subject to release under a Freedom of Information Act [5 ILCS 140 ] request without the prior permission of the affected employee.
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