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Auto Accident Attorney in Illinois

Auto Accident Attorney in Illinois

Illinois is a “comparative fault” state. In Illinois, every auto driver is financially liable for any accident in which they are deemed to be more than 50% at fault. Drivers are required under Illinois State Law to purchase Auto Accident Insurance Liability Insurance to offset this risk.

Illinois has the highest rate of road death fatalities in the United States. With Auto Insurance premiums at an all-time high and no end to the road chaos, there is plenty of work for the estimated 1,265 Auto Accident Attorneys in Illinois.

Minimum Illinois Car Insurance Cover

Illinois auto drivers are required by State Law to hold the following auto insurance cover as a minimum: Bodily Injury Liability: $30,000 per person and $60,000 per accident. Property Damage Liability: $25,000. Personal Injury Protection (PIP): $2,500.

These are the minimum amounts required under Illinois State Law and most auto insurance policy holders opt to increase their level of Auto Accident Insurance cover with the following optional Illinois insurance extras

  • Liability Coverage
  • Collision and Comprehensive Coverage
  • Medical Payments and Personal Injury Protection (PIP) Coverage
  • Uninsured/Under-insured Motorist Coverage
  • Mexico Coverage
  • Rental Reimbursement and Towing Coverage
  • Negligence Law

Who Pays in a Car Accident in Illinois

Illinois is a “comparative fault” State. This means you are financially liable for any accident in which you are deemed to have caused by being more than 50% at fault. If the other party is deemed to be more than 50% at fault it is their insurance policy that must pay compensation.

Depending on your level of cover you can be sued personally if an award is made against you that’s above your auto insurance policy limits

Who does an Auto Accident Attorney in Illinois Sue?

Illinois is a highly litigious state with the worst accident injury rates in the whole of the United States. An auto accident attorney can be hired to sue:

  • another party if you believe they have caused you injury
  • your own insurance company to maximize a direct compensation payout
  • an auto accident attorney in Illinois can also defend you against criminal charges

How many Auto Accidents in Illinois

Over 3,700 people are killed in auto accidents in Illinois each year, with an average year on year increase of 7.3% in motor vehicle traffic fatalities, according to the Illinois State Government

The fatality rate on Illinois roadways for 2018 was 1.44 deaths per hundred million vehicle miles traveled. Representing a 2.12% decrease from 2017.

254,415 persons were injured in motor vehicle accidents in Illinois last year. Pedestrian fatalities totaled 699 in 2018. This is a 8.11% year on year decrease.

Road Deaths in Illinois 2019

  • 1 person is killed every 2 hours and 28 minutes
  • 1 person is injured every 2 hours and 11 minutes
  • 1 auto accident occurs every 42 seconds in Illinois
  • 568 motorcyclists killed in 2017. 52% were not wearing helmets
  • Illinois saw 565 people killed in head-on collisions in 2018.
  • There were no deathless days in Illinois roads last year.
  • July was the deadliest month with 388 persons killed in Auto Accidents in Illinois

What do you do after a car accident in Illinois?

Experiencing an auto accident is a stressful time. Thoughts become irrational as the adrenaline kicks in, helping accident victims deal with these hugely stressful incidents. These are the 8 things to do immediately following an auto accident in Illinois.

  1. Check for injuries and stay calm
  2. Dial 911 for the emergency services
  3. Do not leave the scene of the accident
  4. Follow police instructions but do not admit guilt or answer questions
  5. Gather information, shoot video and take photos
  6. Call your insurance company
  7. Follow medical instruction
  8. Contact an auto accident attorney in Illinois

Is Illinois a Litigious State for Auto Accidents

Court Cases involving an Auto Accident Attorney in Illinois made up the largest share of the Illinois Court system costs, according to the State Government.

There are over 1,200 Auto Accident Attorneys in Illinois with specializations including

  • Small vehicle accident attorney
  • Truck Accident Attorney in Illinois
  • Illinois Auto Accident Attorney Generalist
  • Illinois Insurance Auto Accident Attorney
  • Personal Injury Attorney in Illinois
  • Commercial Vehicle Auto Accident Attorney in Illinois
  • Uber Auto Attorney in Illinois
  • Lyft Auto Accident Attorney in Illinois

Illinois Statute of Limitations in Auto Accidents

The statute of limitations for a car accident in Illinois is two years from the date of the car accident (Sec. 16.003). The Illinois two-year statute of limitations applies to all claims made by drivers, passengers, pedestrians, truck drivers and motorcyclists. The clock starts ticking on the day of the accident and not the day you consult an auto accident attorney in Illinois.

How long does an insurance company have to settle a claim in Illinois?

  1. Your insurance company must acknowledge your claim within 15 working days
  2. Within this 15 day they should request any further information from you
  3. Insurance companies in Illinois may extend this 15 days by a further 45 days and inform you of their reason
  4. Generally, if an insurance company extends the 15-day time frame clients will consult an auto accident attorney in Illinois.
  5. There is no time frame for your insurance company to settle the claim. On average it takes between 3 and six months.
  6. Once approved, your claim must be paid within 5 days
  7. If the claim involves a weather event or natural disaster a Illinois insurance company may take 45 additional days to approve or deny your claim and 15 additional days to pay your claim.
  8. An auto accident Attorney in Illinois may help speed up your compensation payout, or may delay proceedings to maximize your payout.

How much car insurance do I need in Illinois?

  • Bodily Injury Liability: $30,000 per person
  • $60,000 per accident
  • Property Damage Liability: $25,000
  • Personal Injury Protection (PIP): $2,500.

These are not high minimums. In a more severe auto wreck accident, the Illinois Statutory minimum insurance levels may prove to be inadequate.

If you are judged to be more than 50% at fault in a Illinois car accident the other side may hire an attorney to personally sue you for any difference between their financial compensation award and the insurance policy limits.

Is Illinois a no-fault state

Illinois is not a no-fault state. Some states in the USA require a no-fault insurance policy, often known in Illinois as PIP.  Every driver in Illinois is required to hold auto insurance to cover expenses for the other driver in the event of an accident.

Insurance Payout Limits in Illinois for Personal Injury

Illinois uses 50 percent modified comparative negligence laws, so the court decides how much each party in an accident is at fault. You can claim damages from the other party if your level of fault does not exceed theirs.

However, your damages will be also be reduced according to your apportioned level of fault.

Illinois Auto Attorney Insurance Claims Rights

According to the Illinois Bill of Consumer Rights (Order No. 12-0862), you have the right to be treated fairly, honesty and with respect when you make a claim. If you believe you are being treated unfairly by your insurance company, make a complaint to the TDI in Illinois and consult an auto accident attorney in Illinois with immediate effect.

Over 72% of Auto Accident Attorneys in Illinois are hired to fight an individual’s own insurance company for a better deal.

Illinois State Auto Accident Demographics

Illinois (/ˌɪləˈnɔɪ/ (listen) IL-ə-NOY) is a state in the Midwestern and Great Lakes regions of the United States. It has the fifth largest gross domestic product (GDP),
the sixth largest population, and the 25th largest land area of all U.S. states. Illinois has been noted as a microcosm of the entire United States. With Chicago in northeastern Illinois, small industrial cities and immense agricultural productivity in the north and center of the state, and natural resources such as coal, timber, and petroleum in the south, Illinois has a diverse economic base, and is a major transportation hub. Chicagoland, Chicago’s metropolitan area, encompasses over 65% of the state’s population. The Port of Chicago connects the state to international ports via two main routes: from the Great Lakes, via the Saint Lawrence Seaway, to the Atlantic Ocean and from the Great Lakes to the Mississippi River, via the Illinois Waterway to the Illinois River. The Mississippi River, the Ohio River, and the Wabash River form parts of the boundaries of Illinois. For decades, Chicago’s O’Hare International Airport has been ranked as one of the world’s busiest airports. Illinois has long had a reputation as a bellwether both in social and cultural terms and, through the 1980s, in politics.

The capital of Illinois is Springfield, which is located in the central part of the state. Although today’s Illinois’s largest population center is in its northeast, the state’s European population grew first in the west as the French settled lands near the Mississippi River, when the region was known as Illinois Country and was part of New France. Following the American Revolutionary War, American settlers began arriving from Kentucky in the 1780s via the Ohio River, and the population grew from south to north. In 1818, Illinois achieved statehood. Following increased commercial activity in the Great Lakes after the construction of the Erie Canal, Chicago was founded in the 1830s on the banks of the Chicago River at one of the few natural harbors on the southern section of Lake Michigan.John Deere’s invention of the self-scouring steel plow turned Illinois’s rich prairie into some of the world’s most productive and valuable farmland, attracting immigrant farmers from Germany and Sweden. The Illinois and Michigan Canal (1848) made transportation between the Great Lakes and the Mississippi River valley faster and cheaper, and new railroads carried immigrants to new homes in the country’s west and shipped commodity crops to the nation’s east. The state became a transportation hub for the nation.

By 1900, the growth of industrial jobs in the northern cities and coal mining in the central and southern areas attracted immigrants from Eastern and Southern Europe. Illinois was an important manufacturing center during both world wars. The Great Migration from the South established a large community of African Americans in the state, including Chicago, who founded the city’s famous jazz and blues cultures. Chicago, the center of the Chicago Metropolitan Area, is now recognized as a global alpha-level city.

Three U.S. presidents have been elected while living in Illinois: Abraham Lincoln, Ulysses S. Grant, and Barack Obama. Additionally, Ronald Reagan, whose political career was based in California, was born and raised in the state. Today, Illinois honors Lincoln with its official state slogan Land of Lincoln, which has been displayed on its license plates since 1954. The state is the site of the Abraham Lincoln Presidential Library and Museum in Springfield and the future home of the Barack Obama Presidential Center in Chicago.

Can someone sue you for a car accident if you have insurance in Illinois?

If your insurance policy does not cover the amount awarded to the other party you may find yourself in a lawsuit regardless of whether you held car insurance. For this reason many auto accident attorneys advocate the purchase of premium cover and under-insurance ‘gap’ policies.

Do I call my insurance if it’s not my fault?

You must report any damage to your vehicle or personal injuries to yourself or others to your insurance provider immediately. Your insurance company will help file a claim against the other party and start the process of compensation.

Also contact an auto accident attorney in Illinois for a Free Consultation and Claim Evaluation

How long do you have to file an accident report in Illinois?

You must file an accident report with the Illinois Department of Transport within 10 days of the auto accident. The report should be on form CR-2 available here and can be filed by you, your insurance company or your auto accident attorney in Illinois

Do I need an Auto Accident Attorney in Illinois?

An Auto Accident Attorney is not required for every case. For example, cases with minor injuries, soft tissue damage or ‘fender benders’ may not require a specialist auto accident attorney in Illinois.  In more severe personal injury cases you need an expert specialist attorney to protect your interests, regardless of whether you have one appointed for you by your insurance company.

Average Auto Accident Payout in Illinois

The average car accident compensation settlement in Illinois is $22,887 in 2018, according to the Illinois bureau of Statistics. The average auto accident payout by using an auto accident attorney in Illinois was $44,887.

Hit by a Drunk Driver in Illinois

In the United States 32 people die every day from vehicle accidents that involve a drunk driver. A drunk driver could face criminal charges from the state of Illinois and civil charges from the injured parties.

Convictions for criminal charges can result in fines, jail, rehab and community service. A civil Court case could force the drunk driver to financially compensate victims.

If you’ve been hit by a drunk driver in the State of Illinois check out our list of Auto Accident Attorneys in your area who are experts at DUI auto accidents.

Illinois is a pure negligence state and you are free to lodge a lawsuit against a drunk driver who caused you or a loved one personal injury.

Filing a civil lawsuit in Illinois against a drunk driver will require that you prove them responsible for your injuries. An experienced auto accident attorney in Illinois will need to demonstrate beyond reasonable doubt that:

  1. The other driver owed you a duty of safe travel as you shared the road.
  2. The driver breached his or her duty by an act of negligence (e.g. drunk driving).
  3. The driver’s negligent act caused injury to you in the form of a car accident
  4. The injuries caused you to suffer specific, quantifiable damages.

Take our online Compensation Checker to find out from an auto accident attorney in Illinois how much compensation you could expect if you’ve been injured by a drunk driver.

Car Accident Lawyer in Illinois

What Damages can I claim for after a Illinois Car Accident?

  • Medical Costs
  • Lost Wages
  • Pain & Suffering
  • Diminished Earning Capacity
  • Non-economic Damages

How do I calculate Pain and Suffering in Illinois

Illinois uses a multiplier to work out the amount of compensation to be paid as a result of pain and suffering. For example, if your case is worth $40,000 in specific damages, but your pain and suffering has a multiplier of five for temporary brain damage, the total amount payable will be $200,000 in non-economic damages.

Will an Auto Accident Attorney in Illinois increase my Pain and Suffering Payout

An experienced auto accident attorney in Illinois will be instrumental in pushing up both specific damages and the pain & suffering multiplier. As can be seen in the example, both elements are key to securing the financial compensation package you deserve.

Average Whiplash Settlement in Illinois

Illinois does not have whiplash settlement guidelines though mild to moderate whiplash claims can result in a compensation payout from $2,500 to $10,000 worth of compensation. For severe whiplash claims in Illinois, expect this figure to rise over the $22,000 level.

Can I Sue Uber or Lyft in Illinois

If you’ve sustained injuries in an Uber, Lyft or other ride-sharing accident you may be entitled to financial compensation from the “at-fault” driver and their insurance company.

If your accident involved an Uber, Lyft or ride share driver who was “on-the-clock” when the accident occurred, you likely won’t make a claim on the driver’s own insurance policy. Instead, the insurance policies of the ride share companies should cover your personal injuries and damages.

Take the following steps if you’ve been involved in an accident with an Uber, Lyft or Ride share Driver either as a passenger or other road user.

  1. Report your Accident Immediately to Police and Uber. File an insurance claim directly with Uber.
  2. Seek Medical Attention. Some injuries can take days or weeks to become fully apparent and a proper diagnosis will help to strengthen your compensation case.
  3. Speak to an auto accident Attorney in Illinois for a free consultation

Where do most Auto Accidents happen in Illinois

According to the Illinois Department of Transport most recorded car incidents requiring the use of an auto accident attorney in Illinois happen in the following places:

(List of all areas in Illinois with more than 40,000 people)

Get an Auto Accident Lawyer in Illinois because the State Legal System is Complex

The Illinois legal system is complex and navigating Illinois personal injury law is not something which can be mastered while focusing on your own rest, recovery and rehabilitation. Using an auto accident Attorney in Illinois should help reduce stress and maximize your financial compensation payout.