In the aftermath of a car accident, it can be difficult to know which insurance companies pay what, who to talk to, and what you can and cannot say. Our lawyers can fight to get you the compensation you and your family need to move forward.
In Illinois, we use an at-fault system, so the defendant’s insurance usually pays for your crash. But getting that compensation can mean waiting for months as the insurance company investigates the claim. All the while, you need money for things like medical care, housing, and groceries if your injury has kept you from working.
Call our car accident attorneys today at Rhatigan Law Offices at (312) 578-8502 to get on the path to recovery.
What Does Insurance Cover?
Illinois uses an at-fault insurance system, meaning that each driver must have the following insurance to cover the injuries they cause others:
- At least $25,000 per person for injury
- At least $50,000 per crash for injury
- At least $20,000 per crash for property damage.
This means you would file your case against the at-fault driver’s insurance policy – or you could sue them directly and have their insurance step in.
However, your insurance might also have some coverages that can help get you money faster:
- Physical damage coverage can pay for your vehicle damage after a deductible payment.
- Medical payment coverage can pay for your treatment after a deductible payment.
- Uninsured motorist bodily injury coverage can pay in place of the defendant if the person who hit you was uninsured.
- Underinsured motorist bodily injury coverage can pay for the remainder of your injury costs if the defendant’s insurance is too low.
What Do I Need to Prove in a Car Accident Claim?
If you were hurt, and the other driver was at fault, you need to prove that in court. This requires showing four elements, which means collecting and presenting evidence of these elements to the jury.
Elements
- Duty: The defendant owed you a legal duty, such as the duty to drive with reasonable care and the duty to obey traffic laws.
- Breach: The defendant breached or failed to comply with that duty.
- Causation: That breach caused your crash.
- Damages: You suffered injuries and monetary harm.
Multiple drivers (including the victim) can be held partially at fault for their share of damages.
Evidence
Most cases involve the following evidence:
- Your testimony
- Medical records
- Financial records and medical bills reflecting costs
- Vehicle damage reviews and appraisals.
However, we can also rely on the following evidence, if it is available or relevant:
- Photos of the accident scene and damage
- Video from dash cams or security cameras
- Testimony from other eyewitnesses
- Expert witness testimony (accident reconstruction experts, doctors, auto experts).
What is the Process of a Car Accident Case?
The case starts the second the crash happens:
Report the Crash
You should report any accident involving injury or death to the police so they can write up a report. You can also request an ambulance if you need it.
Get Medical Care
Getting medical care is vital to building and proving your case. If you have no record of your injuries or they were not bad enough to need treatment, it will be harder to prove your case.
Plus, it is your duty as an accident victim to avoid making things worse. Get prompt care and follow through with medical appointments.
Call a Lawyer
We can start filing your case, collecting evidence, and speaking with insurance companies on your behalf. Do not do this on your own, do not accept anything, and do not sign anything from the insurance companies without checking with a lawyer first.
Certainly do not admit fault.
Insurance Claims
We can file your insurance claims and demand full payment from the defendant’s insurance. If they will not pay, we can take the case to court.
Lawsuits
If the case cannot be settled, we can take the case to court. We can present evidence of your injuries and the defendant’s fault to the jury and let them decide damages.
FAQs for Car Accident Cases in Buffalo Grove, IL
How Long Do I Have to File a Claim?
The statute of limitations for injury cases in Illinois is 2 years. This means that if you file your case more than 2 years after the date of the accident, you could lose automatically and be barred from recovery.
Can You Win Your Case if You Were Partially at Fault?
The court might find you were partially at fault, e.g., for slight speeding or other mistakes behind the wheel. This can reduce your damages by your percentage of fault, but it does not block you from a claim unless your fault is over 50%.
What Should I Do After an Accident?
Immediately after the accident, call 911, get medical care, and collect as much evidence as you can. If you have to go straight to the hospital, focus on that, not evidence collection.
Always try to get the driver’s name and contact info, insurance info, and vehicle info so you know who your case is against. If you can get witness info and take pictures, that is also great.
What if the Other Driver is Uninsured?
You can still sue an uninsured driver for a car crash, and they can be made to pay out of pocket. However, it is often hard to recover damages this way if they are unable to actually afford to pay you.
However, your own insurance might have uninsured motorist coverage for bodily injury and property damage. These, plus other “first-party” coverages on your insurance, can be used to help you get money if the other driver cannot pay.
What if I am Uninsured?
If you do not have insurance, you might face a ticket or fine, but you can still sue the driver or file an insurance claim against their insurance policy to get coverage. Illinois does not have “no pay, no pay” rules that would block an uninsured river from getting paid.
Call Our Car Accident Attorneys in Buffalo Grove Today
If you were hurt in a crash, call Rhatigan Law Offices at (312) 578-8502 for a free case evaluation.
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