Each year in the State of Illinois there are approximately 300,000 car accidents.¹ That’s over 800 car accidents each day!
Car accidents occur unexpectedly. In the aftermath, cars are often damaged and people injured. When you’re the victim of an accident caused by someone else, you’ll want to be compensated for your property damage, personal injuries, and pain and suffering.
What You Need to Know if You’ve Been in an Illinois Car Accident
Your financial recovery may depend on a strong insurance claim. It’s vital to know what to say and do after a car accident, and the pitfalls to avoid, in order to get the compensation you deserve.
This guide provides you with 10 steps for building a strong auto insurance claim. We’ve also included answers to the most frequently asked questions after a car accident in Illinois.
If you’ve been in an accident, pull over and call 911.
Illinois law requires drivers to stop immediately after a car accident to see if anyone is injured.
Once stopped, drivers must give each other their names, addresses, the registration number of the cars, and if asked, each driver must show their driver’s license.
Give the 911 operator the following information:
Location: Be specific. Give the 911 operator detailed information, including street names, mile markers and landmarks.
Hazards: Tell the operator if there are traffic problems, overturned cars, or dangers like leaking fuel or downed power lines.
Injuries: Tell the 911 operator if anyone is injured, asking for help, or trapped in a car.
Police will likely be dispatched to the car accident scene if there are injuries, the accident is blocking traffic, or the scene is likely to jeopardize the safety of others.
You must “render reasonable assistance” to anyone who appears to be injured. This means doing whatever you can to help them. If an injured person asks, you must drive or make arrangements for them to be transported to the local hospital.
Most people are in some degree of shock after an accident. Adrenaline pumps through the body, and symptoms of injuries are often masked. If you feel merely “shaken up” after the accident, you may still be injured and just not know it.
Some injuries like swelling, strains and sprains, can take several hours or even days before symptoms are manifested.
If you’re in pain, dizzy, bleeding, experiencing numbness, nausea, or are having trouble breathing, you may be seriously injured.
Never refuse medical assistance at the accident scene. This is not the time to be tough. Let them evaluate you and determine whether your injuries are serious enough to transport you to the local emergency room.
It’s vital that you seek medical care immediately following an accident. Any delay in seeking treatment could cause the insurance company to take the stand that your injuries where not caused by the collision.
Direct and proximate cause refers to an event (or chain of events) which results in damage or injury. Moreover, during the chain of events there are no separate intervening causes.
Example of Direct and Proximate Cause:
John was driving home from work. Mary was also driving home from work and traveling on the same road, directly in front of him.
John had a long day at work and fell asleep at the wheel. As he did, he ran into the back of Mary’s car, causing extensive damage to her car and causing her to sustain head and neck injuries.
The fact that John fell asleep while driving constituted negligence. This negligence was the event which caused him to crash into Mary’s car.
The time between John falling asleep and crashing into Mary’s car had no other intervening factors which affected or influenced the crash. Therefore, it can be said John’s negligence was the direct and proximate cause of the crash, as well as Mary’s subsequent property damage and personal injuries.
Stop your car at the accident scene, or as close to it as possible. Remain at that location until you and the other drivers involved in the accident have exchanged the information required.
If you’ve been in an accident with an unattended car or other property, try to locate the owner.
If you’re able to locate the owner, show them your driver’s license and vehicle registration. You must also give the owner your insurance information and your home address. If the car you were driving isn’t yours, also provide the car owner’s contact information.
If you can’t find the property owner, attach a written notice that explains what happened. Be sure to give your name, address, and registration number of the car.
After giving the property owner the above information or leaving it on the damaged property, call or drive to the nearest law enforcement agency and report the accident.
The information gathered at the accident scene will be the foundation upon which you will build your property damage and personal injury claim.
To have any chance of succeeding in your claim, you’ll have to prove the other driver was at fault, and that their negligence was the direct and proximate cause of your injuries and resulting damages.
Damages are the items for which you will be pursuing compensation from the other driver. They can include:
- Your ambulance and emergency room costs
- Costs of transportation to and from your appointments
- Out-of-pocket expenses for items such as:
– Neck collars
- Lost wages
- Pain and suffering
It’s extremely important to begin documenting your damages as soon as possible after the accident, and continue documenting them through treatment and recovery.
Make copies of medical and therapy bills and records, receipts for out-of-pocket expenses, and a letter from your employer verifying the days you missed and the wages you lost.
Start gathering evidence as soon as you step out of the car. The more evidence you gather at the scene, the stronger your claim will be. Illinois law requires drivers and passengers involved in an accident to exchange the following information:
- Names of drivers and car owners
- Current home addresses and telephone numbers of drivers and passengers
- Registration numbers of the cars involved in the accident
- Insurance information
Yes. The more information you gather at the accident scene, the better your chances of negotiating a substantial settlement with the insurance company. Promptly gathering accurate information affords you a position of strength when negotiating with the claims adjuster. Doing so also demonstrates that you’re serious about your injury claim and dedicated to resolving it promptly.
Here are some additional items which will help support and expedite your claim:
- Vehicle make, model, year
- License plate number
- Vehicle Identification Number (VIN)
(NOTE: The VIN can be found on the car’s dashboard in the bottom left corner of the windshield. It can also be located on the driver’s insurance card, or in the door jamb of the driver’s side door.)
Passenger and witness information:
- Names and addresses
- Telephone numbers
- E-mail addresses
(NOTE: Ask the witnesses to wait until the police arrive. It’s likely the police may want to ask them what they saw and heard. This is especially true if there is a question of fault.)
Diagram of the scene including:
- Placement of the cars immediately before and after the crash
- Weather conditions. Was it raining, snowing, or foggy? Was it overcast, cloudy, or sunny?
- What time of day did the accident occur?
- What direction was each car traveling?
- How fast was each vehicle going?
You’ll always be ready with our free Car Accident Information Form. Keep copies in your car along with a pen, in the same place you keep your insurance and registration cards. We make it easier for you to gather the evidence you’ll need for a successful insurance claim.
When police officers are dispatched to the scene of an accident, they must perform a specific job they’ve been trained to do. That involves investigating the accident scene and creating an unbiased report of the circumstances that led the accident.
When the police arrive, you have a legal duty to listen to them and follow any orders they give. Arguing with the officers or telling them how to do their job is counter-productive. It will delay the investigation, and in extreme cases you could end up under arrest.
Yes. If a police officer asks you a question about the accident, you must answer it truthfully. Politely ask the police officer for their name and badge number. Before the officer leaves, ask for a copy of the Motorist Crash Report.
If police are dispatched to the scene they will speak with you and other drivers involved in the accident. They may also speak with passengers, pedestrians, and other witnesses, search for for skid marks, take into account road conditions, weather, and other factors which contributed to the crash.
After taking into account all the circumstances, the police may decide you violated Illinois traffic law. If so, traffic citations may be issued. Common citations issued at accident scenes include Failure to Yield, Illegal Turn, Following Too Closely, Speeding, and Driving While Distracted.
While you have every right to try to talk the officer out of giving you a ticket, once the officer issues a citation you must accept it. If asked, you must also sign the ticket.
Remember that a traffic citation is not an admission of fault. Depending upon your prior driving record, the ticket may eventually be dismissed.
If police are dispatched to the scene of the accident, they will create and file an Illinois Motorist Crash Report and you won’t have to. The responding police officer will give you a copy of the report for your records.
However, if the police are not dispatched to the scene, you will have to file your own report if the apparent property damage is in excess of $1500.
If one or more of the drivers didn’t have insurance, then the accident must be reported if the property damage is $500 or more.
To file your own crash report for a specific town or city in Illinois, go to the Motorist Report webpage and download the form.
If the accident occurred on an Illinois State Highway, it can be reported through the Illinois State Police website.
When a car accident occurs it’s normally because someone was at fault, or was driving negligently. What one driver sees as fault may not be what the other driver sees.
Drivers often tend to feel guilty and their immediate reaction is often to apologize. Statements like “I’m sorry, I didn’t see you,” or “I feel terrible about this,” should be avoided. Once spoken, these types of statements are very hard to take back and can harm your claim when the insurance companies eventually become involved.
Do not discuss or admit fault at the scene of the crash. You may think you were at fault, but you may not know if the other driver also contributed to the crash. There are always many factors that need to be taken into account.
Be careful not to say anything at the accident scene that can be used against you later.
Your insurance policy requires you to report all accidents involving personal injury or property damage. The clause in your policy that requires you to do this is called the “Cooperation Clause.”
The cooperation clause is meant to give your insurance company as much lead time as possible to obtain information about the circumstances of an accident.
Your carrier wants to hear from you immediately following an accident to hear your side of the story and to be prepared before speaking with the other person involved.
By cooperating with your insurance company, you’re not only complying with the requirements of the cooperation clause, but you’re also helping them develop the information they will need to defend you against unwarranted allegations of negligence against you.
If you’re in an accident and fail to report it, you may be in for trouble. This is true even if you didn’t cause the accident.
Example of why it’s important to notify your insurance company:
Justin was in a “fender bender” with Alice. She was about to make a right turn at a red light. As she inched her way out to make the turn, she stopped to let traffic pass. Thinking Alice was going to continue turning, Justin drove right into the rear of her car.
Both drivers pulled into a nearby parking lot to examine the damage. They each asked the other person if they were injured, but both felt fine. They exchanged contact and insurance information. Because the accident appeared minor, with no dents to either car and no apparent injuries, they both went on their way thinking they would never hear from each other again.
After arriving home, Alice decided her back was sore. She drove to the local hospital emergency room and was seen by a doctor. The next day Alice hired a personal injury attorney who advised her to see a chiropractor for therapy.
A month later Justin received a letter from Alice’s lawyer saying his client was seriously injured in the accident, and that Justin now owed his client $20,000 for her medical and therapy bills, lost wages, and pain and suffering.
By failing to immediately report the accident to his insurance company, Justin not only violated the terms of the cooperation clause, he also gave Alice’s attorney a head start on the claim.
Justin was understandably shocked. He began to wonder if he was going to lose his life’s savings over an accident.
If Justin had only done what his insurance policy required him to do and contacted his insurance company right after the accident, he might not be in this position. Justin now wondered if his insurance company would cover him at all because he violated the terms of the cooperation clause in the policy.
When you report an accident to your insurance company, a file will be created and a claim number given. A claims adjuster will be assigned and initiate an investigation into the accident.
It’s important to remember the adjuster is on your side. The adjuster does not want to pay another driver unless there’s proof you were at fault. Be sure to get the claim number. You will need it when corresponding with your insurance company.
Before you contact the other driver’s insurance company, be sure to seek medical treatment. If you were not seriously injured or sustained only minor injuries, contact the driver’s insurance company as soon as possible after seeing a doctor to evaluate you.
If you sustained serious injuries, seek medical treatment and then contact a personal injury attorney. After reviewing the circumstances of the accident, the attorney may agree to represent you. If so, the attorney will contact the insurance company for you.
Minor injuries, also referred to as “soft tissue” injuries, can include minor bumps and bruises, abrasions, strains and sprains to muscles, whiplash, and the like.
More serious “hard injuries” can include fractures, serious head trauma, disk herniations, deep cuts and gashes requiring stitches , 3rd degree burns, and injuries that require substantial medical treatment.
Stay calm. Tell the other driver you will not discuss any payment with them at the scene. Instead, refer the driver to your insurance company. Be sure to exchange names, contact information and insurance information.
The terms of your policy include a promise to defend you at no additional cost against any property damage or injury claims filed by another driver. This includes covering the cost of hiring a defense attorney to represent you if you’re sued.
Illinois has adopted the Modified Comparative Negligence Rule. Under this rule, you can recover damages if you’re 50% or less at fault for an accident. If you were more than 50% at fault however, you will be barred from recovering any amount of damages from the other driver.
For example, if the other driver is found 70% at fault and you’re found 30% at fault, you can collect money for your damages from the other driver because you were less than 51% at fault.
Example of Modified Comparative Fault affecting settlement negotiations:
Let’s say you and another driver were involved in an accident and your medical bills were $10,000. You filed a personal injury claim with the other driver’s insurance company for $10,000.
After investigating the circumstances of the accident, the insurance company concluded the other driver ran a stop sign and that was the primary cause of the accident.
However, their investigation also revealed you were texting at the time of the accident. The insurance company decided the other driver’s negligence contributed to the accident by 80%, and because you were texting, you contributed to the accident by 20%.
Therefore, the insurance company will only offer you $8,000 to settle, instead of the $10,000 you were demanding.
The law requires all drivers on public roads to carry property damage and personal injury liability coverage to compensate drivers, passengers, and pedestrians for injuries caused in an Illinois car accident.
The purpose of Illinois “financial responsibility” law is to ensure drivers have a means to pay for any damages they may cause to others.
The law requires all drivers carry liability insurance in the following minimum amounts:
- $25,000 – injury or death of one person in an accident
- $50,000 – injury or death of more than one person in an accident
- $20,000 – damage to property of another person
Yes. Illinois now allows drivers to use their cell phones or other electronic devices to show police officers proof of liability insurance coverage. Whether carried electronically or in person, you must always carry your insurance information and be prepared to show it upon request by any police officer.
The Illinois Safety and Financial Responsibility Law applies to all traffic accidents resulting in personal injury, death or property damage in excess of $500. Within 10 days of an accident occurring, you must file an accident report with the Illinois Department of Transportation (IDOT).
If your car was damaged or you sustained personal injuries as a result of a negligent driver, you have several options.
Because Illinois is not a no-fault state, you have the right to pursue a personal injury or property damage claim against the at-fault driver. This is referred to as filing a “third-party” claim.
Illinois also follows the “Third-Party Claim Rule.” A third party claim is a property damage and/or personal injury claim filed by a driver demanding compensation for their damages resulting from another driver’s negligence.
As a third-party claimant, you have the right to do one or more of the following:
- File a claim under your own insurance policy
- File a claim with the at-fault driver’s insurance company
- File a personal injury lawsuit against the at-fault driver
Knowing when to hire an attorney is crucial in a claim for personal injuries. Usually the decision to hire an attorney will depend largely on the type of injuries you sustained.
There are some injuries which are relatively minor, referred to as “soft tissue” injuries. They can include sprains and strains to muscles, tendons, ligaments, minor bruising and abrasions, minor burns, and the like.
More serious or “hard injuries” include fractures, disk herniations, deep cuts and gashes usually requiring stitches, 3rd degree burns, head trauma, and injuries that require extensive medical care.
Most minor soft tissue injury claims can be handled without legal representation. However more serious hard injury claims usually require an experienced personal injury attorney to get a decent settlement.
Unlike soft tissue injuries which normally settle rather quickly, more serious hard injuries may require expert testimony, depositions, interrogatories, requests for production, and other legal procedures in order to convince the insurance company to settle your claim fairly.
There is just too much to lose by representing yourself in a serious injury claim.
On your own, you have virtually no leverage with the at-fault driver’s insurance company. If the insurance company says that an amount is all they’re going to pay, then you’re stuck with it.
However, an attorney has the ultimate leverage. They can use every available legal tool, including trial if necessary, to convince the insurance company to either settle your claim fairly or take their chances in court.
The good news is most personal injury attorneys don’t charge for initial office consultations. This means you can gather up all your evidence and meet with several personal injury attorneys in your area.
Each attorney will review your evidence and tell you whether they believe your claim is viable, and if so, how long it may take to settle the claim, and the approximate amount your claim may eventually settle for.
Until the attorney settles your claim or wins in court, you will not have to pay the attorney any legal fees or other costs. When the claim is settled or you win in court, you will pay the attorney anywhere from 25% to 40% of the gross settlement amount, depending on the complexity of your case.
Illinois has established small claims courts to deal with civil matters, including personal injury and property damage claims. The maximum or “jurisdictional” amount you can sue for in small claims court is $10,000.
While attorneys are not prohibited from appearing in small claims court, most cases are filed without attorneys. For more information about filing a case in small claims court, visit the Illinois Attorney General website.
The Statute of Limitations is the time period during which you must settle your insurance claim, or file a lawsuit against the negligent driver.
Allowing the statutory period to expire will bar you from recovering any compensation from the negligent driver.
The State of Illinois has a two (2) year statute of limitations for personal injury claims. Be sure to place the date on your calendar, and give yourself plenty of time before the deadline.
Remember, if you haven’t settled your claim with the insurance company by that date, then you must file a lawsuit to preserve any chance you might have of recovering any compensation at all.
Don’t wait until the deadline is close before taking action to protect your right to compensation. There’s no cost or obligation to consult with a personal injury attorney.
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