Many of us have either been in a car accident before or know someone who has. Injured drivers may be facing serious injuries, expensive hospital bills, costly vehicle repairs, and more. Speak to an attorney right away to learn how you can get financial compensation for your car accident.
Following an auto accident, you should get emergency help immediately. Call 911 and ask for the police and an ambulance. When you are ready, call a lawyer to talk about how to take legal action. Many drivers pursue insurance claims, but insurance might be insufficient or unavailable, depending on the circumstances. In a personal injury lawsuit, you may claim extensive damages related to medical costs, pain, suffering, and more.
For a free, private case assessment, call our car accident attorneys at Cap City Injury Attorneys at (512) 612-3110.
What Should I Do Following a Car Accident in Lombard, IL?
Following an auto collision, taking the following steps may help you get emergency help and protect your legal interests.
Call for Help
You should immediately call for help after the accident. If you can, pull your vehicle over somewhere safe and call for emergency help. If you cannot move your vehicle, exit the car if you can wait somewhere safe until help arrives.
Exchange Info and Document the Scene
It is normal for drivers to exchange personal information after a car accident. Most often, this is so that each driver can file an insurance claim. In many other cases, you need the other driver’s information to file a lawsuit. If the other driver refuses to give you their information, explain this to the police when they arrive.
Contact a Lawyer
After you get medical attention, you should contact a lawyer to discuss how to get fair financial compensation. You might think this is a bit too early to start thinking about legal action, but you have a limited amount of time in which to file a lawsuit. The sooner you get help from a lawyer, the better.
How Do I File an Insurance Claim After a Car Accident?
Insurance claims are very common in car accident cases, and your attorney can help you navigate the often complex insurance process.
File a Claim with the At-Fault Drivers’ Insurance
Since Illinois is a fault-based state when it comes to car insurance, most drivers file third-party claims with the at-fault driver’s liability insurance. This is a major reason drivers must exchange information at the accident scene: you need the other driver’s personal details and insurance information to file a claim.
Once you have the other driver’s details, you can contact their insurance provider to learn how to begin the claims process. It is a good idea to have a lawyer help you, as this process is known for being convoluted and frustrating.
File a Claim with Your Insurance
You should have your own insurance, and you might have certain policies that allow you to file first-party claims after an accident. For example, you may file a claim with your MedPay coverage to pay for medical bills. If the other driver is uninsured or does not have enough insurance, you can file a claim with your uninsured or underinsured motorist coverage, if you have it.
Should I Sue for Damages After a Car Accident in Lombard, IL?
Suing for damages may be an option, but you should discuss this possibility with a lawyer before making any final decisions.
Uninsured or Underinsured Drivers
Many people sue for car accidents because the at-fault driver lacks insurance. Alternatively, the at-fault driver might have insurance, but their policy is too limited and cannot adequately cover all the damages. Uninsured motorist coverage is often included in auto insurance policies in Illinois, but you may still need to sue to get all your damages covered.
Insurance Claims Are Denied
Many others end up suing for damages because they tried to file an insurance claim, but their claim was denied. This is not unusual, as insurance companies deny thousands of claims every year. If you sue the other driver and win, their insurance may have to cover your damages as ordered by the court.
What Damages Can I Claim in an Auto Accident Case?
Some damages, like hospital bills and vehicle damage, are obvious from the start. Other damages may be easier to miss. An attorney can help you make sure all your damages are accounted for in your case.
Property Damage
A major part of your damages is likely vehicle damages. Even if your car has only minor exterior damage, it can be very expensive to repair. More severe crashes may result in higher repair bills. If your car is totaled, you may need to replace it entirely, which can be extremely expensive. These costs must be claimed in your case.
Lost Wages and Income
If you are so badly injured that you need to step away from your job for a while, you may claim lost income as part of your damages. Talk to your attorney about how much time at work you have missed and expect to continue missing in the future. They can help you claim lost income and future lost income.
Medical Bills
A doctor must treat any injury you sustain. Unfortunately, medical care, even for minor injuries, is very expensive. Severe injuries from a car accident often lead to astronomical medical bills that some people can never afford to pay. These must be accounted for in your case, as they may comprise the bulk of your overall damages.
Pain and Distress
Some damages are difficult to measure in dollars and cents. Your pain from your injuries, mental distress, emotional turmoil, and psychological injuries might not cost money, but still deserve compensation. If you feel as though the accident affected your quality of life, talk to your lawyer about how to claim and evaluate these damages.
How Long Does it Take to Get Compensation After a Car Crash in Lombard, IL?
Getting compensation may be the most important thing for an injured car accident victim. Unfortunately, it can take time to get the compensation you need, but your lawyer can help you along the way.
Did You File an Insurance Claim First?
Typically, drivers file insurance claims before they file lawsuits. First, many drivers find that their damages are sufficiently covered by insurance and do not need to take any further legal action. Second, if you want to file a lawsuit, many courts require that plaintiffs at least try to pursue insurance coverage first. If they did not, the court might tell them to exhaust their insurance options before bringing the case to court. Courts have limited time and resources, and they do not want to handle a case that could be resolved through insurance.
Completing a Lawsuit
If you file a lawsuit, it can take a long time to complete. This may be in addition to the time it takes to exhaust your insurance options. Some lawsuits take at least a few weeks to complete after being filed, and those are the fast ones. A more typical case may take several months to complete. A particularly complex case could take well over a year.
Statute of Limitations
However long it takes our car accident lawyers to complete your case, we must file it before the statute of limitations expires. In Illinois, the statute gives plaintiffs 2 years from the date of the accident to file a lawsuit.
What Evidence Should I Collect for My Car Accident Case?
You cannot win your case without evidence. Evidence could be almost anything relevant and admissible, but certain kinds of evidence may be more common than others.
Photos and Videos
Some of the most common pieces of evidence include photos and videos from the accident scene. Most people nowadays have cameras on their phones, which they can use to quickly and easily record pictures and videos of the accident’s aftermath. We may also seek out footage from dashcams, traffic cameras, and security cameras in the area.
Testimony
Another major component of our evidence may be witness testimony. Other drivers who were in front of or behind you might have seen everything and can testify in court. Your testimony may also be crucial, as only you can testify about how the accident has affected your life.
Medical Records
To prove the extent of your injuries and the cost of your medical care, we may need official copies of your medical records. These are easy enough to gather, as they are your records and you have a right to see them. However, it can take time for hospitals to compile these records, and our legal team can help you work with the hospital to get what you need.
FAQs About Car Accident Claims in Lombard, IL
Do I Need a Lawyer After a Car Accident?
You are not required by law to have a lawyer, but a lawyer may make a huge difference in your case. Legal action is complex and frustrating, and a trained and experienced attorney may significantly increase your odds of success.
Do I Need a Lawyer to File an Insurance Claim for a Car Crash?
Not necessarily. Many drivers pursue insurance claims on their own. However, if your case is complex or you are worried the insurance company will deny your claim, you should get an attorney to help you.
How Do I File an Insurance Claim for a Car Accident?
You may file a third-party claim with the at-fault driver’s liability insurance using their personal information you should have obtained at the accident scene. Alternatively, you may file first-party claims with your own insurance policies, such as uninsured motorist overage or MedPay, if you have them.
Should I Sue for a Vehicle Collision?
If insurance is unavailable or insufficient, you should consider pursuing a personal injury lawsuit. Talk to an attorney first, as they can help you explore all possible legal options, including a lawsuit.
How Do I Find Evidence to Support My Car Accident Claims?
Much evidence may come from the accident scene, including photos you take yourself, dashcams, and witnesses. In some cases, other evidence may be found elsewhere, and your attorney can help you investigate.
Can I Sue for a Car Accident if I am Partially Responsible?
Yes. If the defendant claims you also contributed to the crash, your overall damages could be reduced, but you may still recover some compensation. In Illinois, if you are at least 50% responsible for the crash, you may be barred from recovery.
How Long Does a Car Accident Lawsuit Take to Complete?
Car accident cases may take a few short weeks, a few months, or more than a year to complete, depending on what happens during your case. Settlements and insurance claims tend to move faster, while lawsuits may last for months. If a lawsuit is especially contentious or complicated, it could last for more than a year.
What Are My Car Accident Claims Worth?
Your claims may be worth substantial compensation, depending on the extent of your injuries and damage to your car. In cases of severe injuries and extensive medical needs, compensation may be staggering.
Should I Call the Police After a Car Accident?
Yes. While you might not feel the need to contact the police for minor accidents, it is often a good idea to report them anyway. In many cases, insurance companies require copies of official police reports for accidents before they process a claim.
Should I Go to the Hospital After a Vehicle Accident?
Yes. Whether you have obvious injuries or feel relatively unharmed, go to the hospital immediately. Prompt medical care is necessary for your own safety and well-being, and delaying medical care for any reason could jeopardize your legal claims.
What Do I Do if the Other Driver Fled the Accident Scene?
If the other driver flees the scene, call the police immediately. If you can describe the other vehicle, they may be able to apprehend the driver and bring them to justice in civil and criminal court.
Start your Case with Legal Help from Our Car Accident Attorneys in Lombard, IL
For a free, private case assessment, call our car accident attorneys at Cap City Injury Attorneys at (512) 612-3110.
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