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At Conboy Law Firm Injury & Medical Malpractice Lawyers, our Chicago car accident lawyer helps victims after a car accident in Chicago. Being in a car accident can leave you confused and hurt. The steps you take at the scene of the accident will affect your ability to recover damages for your injuries, medical bills, and vehicle damage.
We know that a car wreck can cause both physical injuries and emotional pain. Our personal injury lawyer will guide you through the legal system and insurance claims process after an auto accident. Here’s what you should do if you’re in a crash on Chicago streets.
When a crash happens on Chicago’s busy roads, knowing what to do helps protect your health and legal rights. Taking the right actions during these first moments builds a strong foundation for your insurance claim and any legal action you might need later.
First, check yourself and your passengers for injuries. Your safety comes first after a car accident. If anyone needs medical help, don’t move them unless they’re in danger. Even minor injuries might get worse later, so it’s smart to seek medical attention quickly. Emergency personnel can provide medical assistance right at the accident scene.
Next, if it’s safe, move your vehicle to the shoulder or a nearby parking lot. Turn your hazard lights on to alert other drivers. If you can’t move your car or there are serious injuries, stay where you are, but find a safe spot nearby.
Call 911 right away. Illinois law requires reporting accidents with injuries or when property damage exceeds $1,500. When the police officer arrives, give honest facts about what happened. Don’t admit fault or say things that could hurt your case later. Upon arrival at the scene, the officer will prepare an accident report for you.
Exchange information with the other driver and all parties involved in the accident. Get their name, contact information, license plate numbers, and insurance information. Be polite, but keep conversations brief. Avoid talking about who caused the accident or making apologies that insurance companies might use against you.
The evidence you collected at the accident scene can have a significant impact on your insurance claim or legal proceedings. Good documentation provides solid proof of what happened and helps counter claims from other parties involved in the crash.
Begin by taking photos and videos of everything related to the accident. Use your phone to capture all vehicles involved from multiple angles. Be sure to capture the entire accident scene in photos, including any relevant traffic signs.
Document all visible damage to your car and the other car involved in the crash. Take pictures of:
Make sure your photos show the positions of the cars involved before they’re moved. This helps show how the crash happened and if there’s property damage to things besides the cars involved; photograph that, too.
Witnesses report what they saw at the time of the accident. Their statements are valuable when fault is disputed. If people saw the accident, ask for their contact information.
Get names and contact info of possible witnesses. Ask them to describe what they saw briefly. Independent witnesses have no stake in your claim, making their testimony valuable to your own insurance company and the driver’s insurance company. Potential witnesses include pedestrians, people in nearby buildings, or other drivers who stopped to help.
Environmental conditions can play a large role in which party is at fault. Road problems, poor visibility, or bad weather can all contribute to car accidents and resulting injuries.
Write down details about:
Also, note if any nearby businesses might have security cameras that caught the accident. This footage could provide important evidence for your case.
An official accident report serves as an unbiased record of what happened. This document can strengthen your insurance claim and support any legal action you might take.
In Chicago, accidents that cause injury, death, or damages in excess of $1,500 (or $500 if any drivers are without insurance) must be reported. The Chicago Police Department officer will gather information and create a crash report. Ask for the report number and the responding officer’s name for your records.
If the police do not respond to the scene, report the incident to the Illinois Department of Transportation within 10 days. You can get a copy of your accident report through the Chicago Police Department or the Illinois State Police, depending on which agency responded to your accident.
Check that all information in your report is correct. Ask for corrections if you find any errors. This report will serve as key evidence if you file an insurance claim or pursue legal action against other parties involved in the accident.
In some cases, managing insurance claims after a car accident is just as stressful as the crash. Insurance companies often try to pay as little as possible. Understanding how to deal with them helps protect your rights.
After making sure everyone is safe, contact your insurance company to report the accident. Most policies require reporting within 24-48 hours. Give basic facts about when and where it happened, but avoid detailed explanations or accepting blame for the crash.
Be careful when the other driver’s insurance company calls you. They may seem friendly, but their goal is to minimize what they pay you. Don’t give a recorded statement without consulting a car accident lawyer first. These statements can be used to reduce your claim later.
Insurance adjusters use different tactics to reduce claim values. They might offer quick settlements that seem good, but they won’t cover future medical bills or lost wages. They might also twist your words to suggest you share responsibility for the accident.
Never accept a settlement offer without first discussing it with a lawyer. At first, they may only present you with a small amount of what you are due. Don’t sign any forms without understanding exactly what rights you’re giving up. Be careful about giving unlimited access to your medical records—insurers may use unrelated health issues to deny your claim.
Illinois uses a fault-based insurance system. This means the person who caused the motor vehicle accident must pay for damages through their liability insurance. Different types of coverage apply to
your situation.
Your policy may cover some expenses regardless of fault if you have medical payments coverage. If the other driver has no insurance, your uninsured motorist coverage might apply. You have the right to negotiate with insurance companies, and if they act unfairly, you may have additional legal options.
While minor fender benders might not need legal help, many accidents require professional guidance. A car accident lawyer can help you deal with insurance companies. We will guide you through the legal proceedings after your Chicago car accident.
Consider hiring a lawyer if you’ve sustained injuries that need extensive treatment. Attorneys can accurately value these claims, including future medical needs and compensation for lost wages from missed work.
If fault is disputed or multiple parties were involved, legal representation becomes essential. Lawyers can investigate the crash, gather evidence, and work with experts to prove who was at fault. If insurance companies deny your claim or make a lowball offer, our lawyers can take on your case.
Our car accident lawyers work on a contingency basis, which means you don’t have to pay anything out of pocket unless we win your case. They only get paid if they win your case, taking a percentage of your settlement. It makes legal assistance possible even when you’re facing high medical bills.
Establishing who caused a car accident is often the hardest part of any claim. The at-fault party must pay for damages. Building a strong case requires good evidence and an understanding of how Illinois law treats shared responsibility.
To prove another driver was at fault, you must show they were negligent—they failed to drive safely, and this failure caused the accident and your injuries. Common examples include speeding, running red lights, texting while driving, or failing to yield.
Strong evidence forms the foundation of any successful claim. The more documentation you have, the better your position when dealing with insurance companies or going to court.
Key evidence includes:
Your car accident lawyer can help collect and preserve all these types of evidence to strengthen your case.
Illinois follows a “modified comparative negligence” rule. This means you can still recover damages even if you were partly at fault, as long as you weren’t more than 50% responsible. Your percentage of fault will reduce your compensation.
For example, if you’re awarded $100,000 but found 20% at fault, you’ll receive $80,000. But if you’re 51% or more at fault, you get nothing. This makes it crucial to build a strong case, minimizing your share of responsibility. An experienced lawyer can present facts most favorably while fighting attempts to blame you.
Time limits exist for filing legal claims to ensure cases are brought while evidence is still fresh. Missing these deadlines can permanently bar you from seeking compensation. You must know these time limits to protect your rights.
For personal injury claims after a car accident, Illinois gives you two years from the accident date to file a lawsuit. For property damage claims, like vehicle repairs, you have five years. These time limits are strict, and courts will dismiss cases filed after the deadline.
Some exceptions might extend these deadlines. If the injured person is under 18, the two-year clock starts when they turn 18. For claims against government entities, such as a Chicago Police Department vehicle, special notice requirements and shorter time limits may apply—sometimes just one year.
Even with these legal time limits, don’t wait to start your case. Evidence can disappear, witnesses forget details, and building a strong case gets harder each day. Starting early gives your attorney more time to investigate and prepare your case.
After a car accident in Chicago, you don’t have to face the challenges alone. At Conboy Law Firm Injury & Medical Malpractice Lawyers, we understand the physical and financial burden that accidents place on victims and their family members.
Our car accident lawyers can help you understand your legal rights and fight for fair monetary damages. We offer a free consultation with no obligation, and we only get paid if we win your case. Call us today for a free case review and take the first step toward recovery after your Chicago car accident.
Conboy Law - Chicago, IL
Address: 60 W Randolph St. 4th Floor Chicago, IL 60601
If you or a loved one has been injured, don’t hesitate to contact our injury attorneys today!
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