After a car accident in Illinois that wasn't your fault, your first priorities from home are to get a comprehensive medical evaluation to address potential hidden injuries and to formally report the accident if the police did not. These initial actions are foundational for ensuring your medical care and financial losses are covered by the at-fault party's insurance.
If you have questions about your accident and what it means for you, you deserve to get answers. Call the experienced Chicago car accident attorneys at Abels & Annes, P.C. at (312) 924-7575 for a straightforward conversation about your rights and options.
Your First Priority: A Medical Evaluation is Non-Negotiable
The Adrenaline Factor: Masking Serious Injuries
In the moments following a crash, your body enters a "fight or flight" mode, flooding your system with adrenaline. This powerful hormonal response effectively masks pain, sometimes for hours or even days. You might walk away from the scene feeling shaken but otherwise fine, only to have significant pain flare up later. Conditions like whiplash, soft tissue damage, or even a concussion usually have delayed symptoms.
Why This Creates a Problem for Your Claim
An insurance company may argue that if you didn't see a doctor immediately, your injuries must not be from the accident. A delay in seeking treatment creates a gap in time, which allows the insurer to introduce doubt. They might suggest that your injuries occurred sometime after the crash, giving them a reason to deny or drastically reduce your claim.
Creating the Most Important Piece of Evidence: The Medical Record
A documented medical visit right after the crash creates an undeniable link between the collision and your injuries. This medical record becomes the cornerstone of your claim. It is, without a doubt, the primary piece of evidence that substantiates your need for compensation for medical bills. Without it, you are essentially handing the at-fault driver's insurance company a valid reason to question the legitimacy of your injuries.
Following Your Doctor's Orders
Your commitment to recovery is further demonstrated by following the treatment plan prescribed by your doctor. This might include attending physical therapy sessions, taking medication as directed, or consulting with specialists. If you stop treatment prematurely, an insurance adjuster may interpret this as a sign that your injuries were not as severe as you initially claimed, potentially jeopardizing your ability to have future care covered.
The First 10 Days: Deadlines and Documentation You Need to Know
If the police were not called to the scene of the accident, you might still be required to file a report. Illinois law requires a driver involved in a crash that results in injury, death, or property damage exceeding $1,500 (if all drivers have insurance) to file a written report with the Illinois Department of Transportation. This must be completed within 10 days of the accident. Our firm handles this reporting for our clients to ensure it is filed accurately and meets the strict deadline.
Notifying Your Own Insurance Company
Your own auto insurance policy is a contract, and that contract almost certainly requires you to report any accident, regardless of who was at fault. Failing to do so could, in some circumstances, jeopardize your coverage.
- What to Say: When you call, stick to the basic, undisputed facts of the incident. This includes the date, time, location, and the identities of the parties involved.
- What to Avoid: You are not obligated to provide a recorded statement to your own insurer at this early stage, and you should not speculate about the extent of your injuries. A simple, truthful statement like, "I was involved in a collision and am in the process of seeking medical treatment," is sufficient.
The Document Checklist: What to Organize Now
In the days following the accident, it is helpful to begin organizing all related paperwork. Keep everything in a single, dedicated folder, including:
- The police report number: If a report was taken at the scene.
- The other driver's information: Their name, address, and insurance policy details.
- Photographs: Any pictures you took of the vehicle damage and the accident scene.
- Witness information: The names and contact details for anyone who saw the crash.
- Receipts: Keep a record of all out-of-pocket expenses, such as prescription co-pays, transportation to medical appointments, or other related costs.
That Call from the Other Driver's Insurance Adjuster
The insurance adjuster for the at-fault driver is not on your side. Their professional responsibility is to protect their company's bottom line. This is achieved by settling claims for the lowest possible amount. While they may sound friendly and helpful, their incentive is fundamentally opposed to your interest in receiving full compensation for your losses.
The Recorded Statement
You are not legally required to provide a recorded statement to the other driver's insurance company. Adjusters are trained to ask questions that can elicit responses that may be used to weaken your claim.
For instance, a simple question like, "How are you feeling today?" might be a trap. A polite, automatic response of "I'm fine" or "I'm okay" will be noted in your file and can later be used to argue that your injuries were not serious.
The Early Settlement Offer: A Red Flag
Receiving a settlement offer within days or a few weeks of the accident may seem like a positive development, but it is a significant red flag. This tactic is frequently used when the insurer suspects the true value of the claim is much higher. They hope that the pressure of medical bills and lost time from work will compel you to accept a lowball offer before you understand the full extent of your injuries.
Accepting an early offer is like agreeing to sell your car before a mechanic has had a chance to look under the hood. You don't know the full extent of the damage yet. Once you accept a settlement, you forfeit your right to seek any further compensation.
How Compensation Works in Illinois: Fault and Damages
Illinois's Rule: Modified Comparative Negligence
Illinois follows a "modified comparative negligence" rule. This legal standard means you can recover financial damages from another driver as long as you are determined to be 50% or less at fault for the accident. If you are found to be more than 50% responsible, you cannot recover any compensation under Illinois law (735 ILCS 5/2-1116).
What Are You Entitled to Recover? (Damages)
When you are injured because of another driver's negligence, you are entitled to pursue compensation for a variety of losses, which are categorized as economic and non-economic damages.
- Economic Damages: These are the tangible, calculable financial losses resulting from the accident.
- Medical Bills: This includes every cost associated with your medical care, from the initial ambulance ride and emergency room visit to ongoing physical therapy, surgeries, and future medical needs.
- Lost Wages: This is the income you have lost because your injuries prevented you from working. It can also include the loss of future earning capacity if your ability to work is permanently affected.
- Property Damage: This covers the cost to repair your vehicle or, if it is declared a total loss, its actual cash value at the time of the crash.
- Non-Economic Damages: These losses are intangible and compensate you for the ways the accident has impacted your quality of life.
- Pain and Suffering: This compensates you for the physical pain, discomfort, and emotional distress you have endured because of your injuries.
- Loss of a Normal Life: This is a specific category of damages recognized in Illinois. It is meant to compensate for a diminished ability to enjoy life and participate in the daily activities and hobbies you enjoyed before the accident. The Illinois Pattern Jury Instructions define it as the "temporary or permanent diminished ability to enjoy life."
When the At-Fault Driver Has No Insurance
A frightening scenario is discovering that the driver who hit you does not have auto insurance. Fortunately, there is a protection for this situation. Illinois law mandates that all auto insurance policies must include Uninsured Motorist (UM) coverage, unless you have formally rejected it in writing. This is a safety net you have already paid for through your own insurance premiums. UM coverage allows you to file a claim with your own insurance company to cover the damages the at-fault, uninsured driver should have paid.
Common Questions After an Illinois Car Accident
How long do I have to file a lawsuit in Illinois?
In Illinois, there are strict deadlines, known as statutes of limitations, for filing a lawsuit. For a personal injury claim, you generally have two years from the date of the accident to file. For a claim related to property damage, such as damage to your vehicle, the deadline is generally five years from the date of the accident. If you miss these deadlines, the court will almost certainly dismiss your case, and you will lose your right to recover any compensation.
Who pays my medical bills while my case is ongoing?
This is a common source of confusion. The at-fault driver's insurance company does not pay your medical bills as you receive them. Instead, they typically pay in a single, lump-sum settlement after all your treatment is complete and a settlement has been negotiated. In the meantime, you are responsible for your bills. They can be paid through your own health insurance or through optional Medical Payments (MedPay) coverage on your auto policy if you have it. MedPay is a no-fault coverage that pays for medical expenses up to your policy limit for you and your passengers.
What if my car was totaled? How is its value decided?
If your car is deemed a total loss, the insurance company is obligated to pay you its "Actual Cash Value" (ACV). ACV is the market value of your vehicle the moment before the crash occurred. This value is determined by factors like the vehicle's age, mileage, condition, and the sale prices of comparable vehicles in your local market. You have the right to negotiate this amount if you believe the insurer's offer is too low, which can be done by providing your own evidence of what similar cars are selling for.
Can I get a rental car, and who pays for it?
Yes. The at-fault driver's insurance is responsible for the cost of a comparable rental car for a reasonable amount of time. This period typically covers the time your vehicle is in the shop for repairs. If your car is a total loss, they should cover a rental until a settlement for your vehicle's value is offered.
What does it cost to hire a car accident lawyer?
We handle personal injury cases on a contingency fee basis. This means our fee is a percentage of the final settlement or award we obtain for you. We are only paid if we successfully recover money for you. There are no upfront fees to hire our firm, and our initial consultation is always free.
Your Recovery is the Priority. We'll Handle the Rest.
You have the right to heal without the added burden of fighting an insurance company. The steps you take in the days and weeks after a crash are what protect that right.
For a clear, no-obligation assessment of your case, contact Abels & Annes, P.C. today. Call us at (312) 924-7575 to get the answers you need.
David Abels
Partner
David Abels has carved a niche for himself in the personal injury law sector, dedicating a substantial part of his career since 1997 to representing victims of various accidents. With a law practice that spans over two decades, his expertise has been consistently recognized within the legal community.
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