How Much is Your Claim Worth?
How Much is Your Claim Worth?
See how to protect your rights, understand fault, and get a fair payout after a car accident in Illinois.
If you or a family member are injured in a collision, you can seek compensation for your medical expenses, lost wages, and pain and suffering. Here’s what to do after an accident to protect your rights and start building a strong injury claim.
Follow these five steps to protect your physical and financial well-being after an accident.
Illinois car accident law requires drivers in an accident involving death or personal injury to stop and remain at the scene. Stop as close as possible to the scene without blocking traffic.
The driver must provide their name, address, and registration number to the other driver and anyone involved in the accident.
If you hit a parked car in Illinois, try to find the vehicle’s owner to explain what happened. If you can’t find the owner, leave a note on the vehicle with your name, address, and registration number. Then notify police of the accident.
Drivers in Illinois are obligated to render aid to the injured, including arranging transport to a hospital. Calling 911 to report the accident and request an ambulance satisfies the obligation.
Illinois laws do not create a duty to provide first-aid to an injured person. However, Illinois “Good Samaritan” laws generally protect people from civil liability when they freely provide care in an emergency or take an injured person to the hospital.
Never refuse or delay medical care after a motor vehicle accident. You might have serious injuries that are masked by the shock and adrenaline surge many people experience after a crash.
Refusing or delaying medical treatment gives the insurance adjuster an excuse to deny or minimize your injury claim. They will argue that your injuries are not related to the accident or couldn’t have been that bad.
Let paramedics examine you at the accident scene. If they want to take you to the hospital, let them take you. If you aren’t transported from the scene, get a medical evaluation as soon as possible, preferably the same day. Go to an urgent care center or see your primary care provider.
Tell the doctor about all your symptoms and injuries, not just the most painful ones. You’re entitled to compensation for all your injuries, but the injuries must be linked to the accident in your medical records.
Yes. The at-fault driver’s insurance company should pay for your medical visit after the accident, including the cost of any X-Rays, scans, or lab work to rule out more serious injuries.
Because Illinois is a traditional fault state, the burden is on you to prove the other driver was responsible for causing the crash. The at-fault driver’s insurance company won’t pay until they are convinced their insured is liable for the accident.
The police crash report is strong evidence of fault, especially if the other driver was ticketed for a traffic violation. Other types of evidence include:
Anyone involved in an accident can get a copy of the crash report from the Illinois State Police by ordering online or sending a request by mail.
Traffic convictions will remain on your Illinois driving record for four to five years.
You don’t have to wait until you’re fully recovered to notify the at-fault driver’s insurance company of your intent to file a claim. In response, you’ll likely receive a letter with the claim number and your claims adjuster’s contact information.
When you hire an attorney, they will handle all communications with the insurance company, while you focus on healing from your injuries.
If you’re not represented by an attorney, the adjuster may contact you with a quick settlement offer. Tell them you don’t want to discuss settlement while still treating your injuries.
Notify your own insurance company as soon as possible that you were in an accident, no matter who was at fault. Auto insurance policies have a notification and cooperation clause, so you have a contractual obligation to let them know there was an accident. In return, your insurance company has a duty to defend you if you’re sued by anyone involved in the crash.
No. Illinois is a traditional fault state, also called a “tort” state.
Illinois has a two-year statute of limitations for personal injury claims. Adults must settle their insurance claim or file a lawsuit against the at-fault driver within two years of the accident date.
Illinois is a traditional fault state. After a car accident caused by someone else, you have the right to file an insurance clam against the at-fault driver’s insurance policy, or file a lawsuit against the driver or vehicle owner.
The burden is on you to prove the other driver did something wrong, or failed to do what any prudent driver would do.
The fault for a rear-end collision usually falls on the driver who was following too closely to safely stop. Illinois traffic law requires drivers to follow at a distance that is “reasonable and prudent” for the traffic and road conditions.
Side-impact collisions are most often caused by drivers who fail to yield the right of way when entering an intersection, making a left turn, or at a stop or yield sign.
Driving left-of-center is a primary cause of head-on collisions. Illinois requires drivers to stay on the right side of the road, except when passing on the left to safely overtake a vehicle when there is no oncoming traffic.
Illinois follows a 51-percent modified comparative fault rule. You can seek compensation from the other driver unless you are more at fault for causing the accident than they are. If you are fifty percent or less to blame, your compensation will be reduced according to your percentage of fault.
Example of Modified Comparative Fault in Illinois
Betty was traveling on 28th Street, approaching Ridgeland Avenue in Berwyn. Lester was also traveling on 28th, approaching Ridgeland from the other direction.
Although it was getting dark out, Betty did not have her headlights turned on. She was also speeding as she approached the intersection. As Betty sailed into the intersection, Lester had begun to make a left turn onto Ridgeland. The vehicles collided, injuring both drivers.
Lester was cited for failing to yield to oncoming traffic. The police report also included witness statements that Betty was driving too fast, and had no headlights turned on at the time of the crash.
Betty expected Lester’s insurance company to pay $60,000 for her injuries, lost wages, and pain and suffering. When the insurance company countered with a low offer, Betty filed a lawsuit against Lester.
At trial, after deliberating on evidence and testimony from both sides, the jury decided that Betty and Lester were equally to blame for the crash. The jury awarded $30,000 to Betty, representing a 50 percent reduction to her claim value.
Insurance companies in Illinois pay out over $4.9 billion in auto accident claims each year.
The average settlement for a moderate car accident claim in Illinois is $27,287, with average payouts ranging from $5,583 to $786,794. Settlements and court awards can range from $373 for minor injuries to $6,250,000 for life-changing injuries.
Injury settlements can vary widely, depending on the circumstances surrounding the crash, the extent of the victim’s injuries, and the available insurance limits. Accidents involving severe injuries and commercial liability insurance will have the largest payouts.
For example, look at these two rear-end accident cases with low and high payouts:
Use our free Illinois Personal Injury Calculator to estimate the value of your settlement.
If you and others are seriously injured, the at-fault driver’s liability insurance might not be enough to fully compensate your damages.
Illinois requires all drivers to carry no less than $25,000 per person/$50,000 per accident for bodily injury liability, and $20,000 for property damage.
Auto policies in Illinois are required by law to include uninsured motorist (UM) and underinsured motorist (UIM) coverage in Illinois equal to the mandatory minimum liability limits.
Yes. Illinois is a traditional fault state, so you can pursue compensation for pain and suffering related to your physical injuries.
You can estimate the settlement value of a mild to moderate injury claim by totaling your economic damages, such as medical bills and lost wages, then adding one to three times that amount for your non-economic damages, like pain and suffering.
The multiple used for non-economic damages depends on how much your injuries interfered with your activities after the crash. A multiple of one is reasonable for a few days of stiff and sore muscles. A multiple of two or three is reasonable for a broken leg that kept you from caring for your baby or made you sit out the marathon you’d been training for.
Talk to an experienced personal injury attorney about a serious injury claim. These cases will include the full value of present and future medical expenses, future lost wages, and greatly increased pain and suffering.
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