When driving in Skokie, you do your best to get around safely, but you can’t always say the same for everyone else. Sometimes, a car accident occurs despite your best efforts to avoid it, leaving you with painful injuries, rapidly growing medical bills, missed time at work, and more difficulties.
Meanwhile, the other driver and their insurance company may be less than helpful with these losses.
If you or a loved one have been injured in a car accident due to someone else’s negligence, you need help to obtain the settlement you deserve. The Personal Injury Lawyers™ are here to offer assistance and are ready to provide a free consultation about your accident.
There is no obligation, and if you decide to move forward with our help, you won’t pay us anything until we win or settle your case. Please contact us today to learn more about the possibilities.
How a Skokie Car Accident Attorney Can Help
Dealing with the aftermath of a car accident can be exasperating. You have medical bills, you might be unable to work, your car needs to be repaired, and the insurance company is supposed to pay for these expenses.
However, there are two likely outcomes of making an insurance claim:
- The insurance company rejects your claim: There are multiple potential reasons, but the most common is that the insurance adjuster believes you are at fault for the collision.
- The insurance company makes you an offer: This one sounds good, right? Of course, you want the insurance company to offer to pay for all your losses. However, the first offer frequently falls short of this ideal. In many cases, the insurer makes an offer before your medical treatment is complete when you don’t even know what your total costs will be. They may also overlook other damages. At the same time, the insurance company could reduce your final settlement if they believe you are partially responsible for the accident.
A Skokie car accident lawyer can assist you with both of these situations. We’ll review your case if the at-fault driver’s insurance company has rejected your claim.
Sometimes, we may be able to appeal the rejection and secure a settlement.
If the insurance company has made you an offer, we’ll also review it with you after carefully calculating your damages. These may include hospital and doctor’s bills, out-of-pocket expenses for items like prescriptions and physical therapy equipment, lost income, lost earning potential, permanent disability or impairment, pain and suffering, property damage, and more.
Once we’ve covered all your losses, we’ll estimate what your claim should be worth. If the insurance company’s offer doesn’t measure up, we can negotiate for a more equitable settlement.
What Is Modified Comparative Negligence, and How Does It Affect Your Claim?
In Illinois, personal injury cases such as car accidents are governed by modified comparative negligence laws, which include a “50 percent bar” rule. This means you can still receive compensation for your damages unless you are found to be at least 50 percent at fault for the accident.
If your share of fault is less than 50 percent, you can recover damages from the other party’s insurance. However, your compensation will be reduced by the percentage of fault assigned to you.
For example, if you are deemed 10 percent at fault, you would be entitled to recover 90 percent of your total damages.
This is why we sometimes deal with the issue of partial responsibility in car accident cases. If the insurance adjuster decides you are 10 percent at fault, they could potentially save thousands of dollars on your final payout.
But what if you aren’t really 10 percent at fault? It’s possible the adjuster misinterpreted some of the evidence—or something you said in your statement to the adjuster—as indicative of fault.
An experienced car accident lawyer will study the details of your case to determine if you contributed to the accident and, if so, by how much. Should we discover that the insurance company has overestimated your culpability, we will fight for a more accurate accounting of fault.
Do You Have to Report a Minor Car Accident in Illinois?
In Illinois, you are required to notify the local authorities as quickly as possible after a car accident. You can accomplish this by calling 911 or contacting your local police department or sheriff’s department directly if you don’t believe the situation is an emergency.
In most cases, an officer will respond to the scene, but if your accident is minor and the police are busy with more urgent matters, they may not.
When an officer doesn’t come to the scene, you may be required to file a written report with the Illinois State Police (ISP) under certain circumstances:
- If the accident led to an injury or death
- If all drivers were insured and there was over $1,500 in property damage
- If at least one driver was uninsured and there was over $500 in property damage
When you speak with the police after a car accident, you should respond to their questions honestly but briefly. Do not add any information they didn’t ask for or give an opinion about fault—especially if you think you contributed to the collision.
A startling number of people take responsibility for accidents they didn’t cause, and doing so can complicate your claim.
What Else Should You Do After a Car Accident?
Always remain at the scene and check on others involved in the collision. If someone is injured, call an ambulance and follow any instructions the 911 operator gives you about rendering aid.
Remain Calm and Exchange Information
Under Illinois law, you must exchange your name, contact info, and vehicle registration number with the other driver (as well as the vehicle owner’s name if it’s not your car). It’s also standard to exchange insurance info at this time.
You may be frustrated when dealing with the other driver, especially if you think they are at fault. However, it is not a good idea to discuss fault or get into an argument at this point.
It’s very easy to say something that the other driver or their insurance adjuster misinterprets. (We’ll talk more about the difficulties of conversing with insurance adjusters a little later.)
If the other driver is angry, brings up fault, or seems intent on picking a fight, do your best to avoid engaging. Politely state that you will discuss the matter when the police arrive and return to your car to wait if it helps end the conversation.
Document the Scene
We also recommend taking the opportunity to photograph your car, the other vehicle or vehicles, the road, and the surrounding area. Make sure to get photos of the damage from multiple angles. Pay special attention to any tire marks on the street—these can help us learn a lot about a car crash later on.
Seek Medical Attention
Many people initially believe they are okay after a car accident, and as a result, they don’t receive prompt medical attention. However, an injury may not always make itself known immediately.
Sometimes, the adrenaline rush from the accident can mask pain and other symptoms temporarily. Swelling and inflammation can also trigger pain and symptoms to occur hours or even days later.
Even if you think your injuries are inconsequential, it’s advisable to let the paramedics check you out. You can also go to your doctor or an urgent care clinic if you don’t think your injuries justify a trip to the emergency room.
Should you experience any new pain or symptoms within a few weeks of the accident, see a doctor right away and mention your car accident in case it’s related.
Addressing Your Insurance Claim
You should report the collision to your car insurance company, but it’s a good idea to consult an attorney before making any statements to either insurer. Frequently, an insurance adjuster will call soon after an accident.
They might say they’re hoping to “just ask you a few questions” so they can process your claim faster (or something similar).
Often, the adjuster seems friendly and helpful, and many injured people feel comfortable continuing the conversation. They might do their best to speak thoughtfully about what happened, but even so, the insurance adjuster will review the conversation (which they probably recorded) for any sign of responsibility.
We’ve met more than one person who carefully explained to the adjuster why the other driver was at fault, only to learn later that the insurance company was blaming them anyway.
For this reason, we encourage you to speak with a Skokie personal injury lawyer before you talk to the insurance adjusters.
Will the At-Fault Driver’s Insurance Cover All Your Damages?
This is a complicated question that depends on the circumstances of your accident. In theory, liability insurance is supposed to cover damages caused by an at-fault driver, but some situations can prevent you from recovering all your damages:
- Partial fault: As discussed earlier, the insurance adjuster’s assessment that you had some responsibility could allow them to reduce your final payout. The best way to recover as much as you deserve is to engage a car accident lawyer who will fight for a fair evaluation of fault.
- Other situations in which the accident is not covered: Aside from fault, the insurance company can refuse to pay a claim in a few other circumstances. For instance, if the car was driven by someone expressly excluded from the policy or who shouldn’t be driving, the insurance company might be able to evade responsibility.
- The policy limit: Illinois requires at least $25,000 in bodily injury liability per person ($50,000 per accident) and $20,000 in property damage liability, although you can purchase a higher limit policy. But what if you were hit by someone with the minimum insurance and you suffered severe injuries? Your medical bills and other damages could exceed the policy limit.
While these situations can be upsetting, you shouldn’t give up on receiving a fair settlement until you talk to a seasoned car accident attorney. In some cases, we may be able to recover additional damages.
Here are a few options that might be possible, depending on the situation:
Uninsured/underinsured Motorist Insurance
Sometimes, we may be able to recover up to the policy limit of your uninsured/underinsured motorist coverage. Uninsured motorist coverage is required in Illinois; drivers who buy higher amounts must also purchase underinsured motorist coverage.
If you only buy the minimum of $25,000 in uninsured motorist insurance, you don’t have to purchase underinsured motorist coverage, but the insurance company still has to offer it. We highly recommend this coverage for situations where the other driver’s insurance is insufficient.
Suing the At-Fault Driver
Legally, you have the right to pursue the at-fault party for damages not covered by their insurance. In practice, this is not always a good option.
If the negligent driver has no assets we can seize, it isn’t in your best interests to spend time and money on court costs when you can’t collect anything.
Suing a Third Party
This is only possible if another party besides the at-fault driver contributed to the accident or your injuries in some way. For example, under Illinois dram shop statutes, a bar or vendor that sells alcohol can sometimes be held liable if they served a patron who caused a drunk driving accident.
How Can You Learn More About Your Car Accident Claim Options?
Have you or a loved one been left with questions or worries after a car accident? The team at The Personal Injury Lawyers™ is here to help.
We offer free consultations to discuss your situation, address your concerns, and explain the steps you can take to seek compensation. Our skilled legal team will thoroughly evaluate your case and work tirelessly to identify ways to recover the damages you deserve.
Attorney Robert S. Fakhouri established The Personal Injury Lawyers™ to support and advocate for individuals and families impacted by injuries. With a proven track record of securing millions of dollars in settlements and verdicts, our firm is dedicated to helping you achieve the financial recovery needed to move forward.
Call The Personal Injury Lawyers™ today at 312-999-9990.
