Fatal State Trooper Accidents on the Rise in Illinois

Category: Auto Accident Claims

Fatal State Trooper Accidents on the Rise in Illinois

Fatal state trooper accidentsFatal state trooper accidents are seemingly on the rise this year. State Trooper Gerald Ellis, 36, was killed early on March 30, 2019 when a driver going in the wrong direction struck his squad car. This fatal car accident in Illinois is sadly the third fatal crash involving a State Trooper in the state this year. The second fatal crash involving a State Trooper had occurred just days prior. This is a tragedy and completely avoidable and our thoughts and prayers go out to his family.

These fatal State Trooper accidents are part of a growing problem of drivers hitting stopped squad cars that have their emergency lights on. To be sure, many of the reported incidents have reported minimal damage with no injuries. There has been a total of 58 reported crashes involving Illinois State Police squad cars this year. Such accidents serve as an important reminder of Scott’s Law.

What is Scott’s Law?

Scott’s Law was named after Lieutenant Scott Gillen of the Chicago Fire Department who was struck and killed by a drunk driver while assisting at a crash located on the Dan Ryan Expressway. Scott’s Law governs the passage of authorized emergency vehicles. “Authorized Emergency Vehicles” are defined as any vehicle authorized by law to be equipped with oscillating, rotating or flashing lights.

It is important to note that the above definition also includes vehicles that are not strictly for emergency use. Examples include vehicles used by construction workers, tow trucks and maintenance crews. Passenger vehicles with their hazard lights on are not covered under the law.

What Should I Do When Passing a Stopped Emergency Vehicle?

When approaching a stopped authorized emergency vehicle that is displaying flashing lights, drivers must yield the right-of-way. To yield the right-of-way, drivers must make a lane change to a lane that is not next to the authorized emergency vehicle. If the driver is unable to change lanes (i.e., it is unsafe or not possible) then he or she must reduce speed and proceed with caution past the emergency vehicle.

What are the Penalties Under Scott’s Law?

  • Drivers that fail to yield the right of way or to proceed with caution where not practicable, face a fine of up to $10,000.
  • Drivers that commit the offense while under the influence of alcohol or drugs face even greater penalties.

It is worth noting that following the recent State Trooper accidents there has been a push by Illinois lawmakers to stiffen the penalties under Scott’s Law. One proposal backed by Governor JB Pritzker would make violations resulting in a crash a criminal offense. Where the violation results in property damage the driver could be charged with a Class A misdemeanor. If the crash results in injury or death the driver could be charged with a Class 4 felony. Class 4 felonies are punishable by up to 3 years in prison.

Law enforcement works hard to ensure that our roadways are safe, often coming to the aid of distressed drivers. We owe it to them to abide by the law to keep them safe. If you or someone you know has been involved in a car accident in Illinois you should not wait to contact an experienced attorney at the Chicago Legal Group. Call 847-305-4105 or fill out our online contact form to request a free case evaluation.

Car Accident Attorney Glenview

If you were involved in a single-vehicle accident, you may think that you are Glenview auto accident lawyerautomatically at fault for the accident and thus your auto insurance rates are going to go up. You may be right. But not always. Contact Barry Zlotowicz, a car accident lawyer in Glenview for a free consultation at 847-305-4105.

According to the National Highway Transportation Safety Administration (NHTSA), in 2016, the most recent year records are available, there were 1,082 auto accident-related fatalities in the state of Illinois. Of those fatalities, 588 of them were the result of a single vehicle accident.

In other words, over one half of all people who died in auto accident fatalities in 2016 died without colliding with another vehicle.

glenview auto accident stats

Causes of single vehicle accidents

The primary causes of single vehicle accidents are exactly what you’d expect. They include:

  • Driving under the influence
  • Texting/talking on a mobile phone
  • Falling asleep at the wheel
  • High rate of speed (especially around corners)
  • Hitting an animal (such as a deer)

However, there are other reasons as well. I’m an attorney in Glenview, IL. I don’t get too many deer calls out here. But I have had a few. Several of the calls I’ve received are from people who were involved in solo vehicle accidents but the accident was not there fault.

Single vehicle accidents that aren’t your fault

For example, what if you are driving your car and your vehicle blows a tire and you crash? Or perhaps another part of your vehicle malfunctions, like your transmission. In this case, the single vehicle accident might not be your fault.

However, the burden is on you to prove that you were not at fault for the accident and that the product or auto maker was. In this situation, keeping control of your vehicle and preventing any modification or repairs from taking place prior to inspection by an expert is critical.

What if you were driving down the Edens and suddenly a car swerves into your lane causing you to swerve to avoid it. You lose control of your vehicle and crash. The accident was not your fault was it? It might have been. Cars swerve at other cars all the time and accidents do not always result.

In this case, it is important to locate witnesses who observed the other vehicle cause the accident. Regardless, this one is an uphill climb.

Perhaps your accident was caused by bad road conditions like gravel in the roadway. I spoke about this in my blog article on recovering for injuries suffered while a passenger in a vehicle. Generally speaking, arguing that the road caused the accident won’t work. Lots of people hit gravel or potholes and don’t crash. And others are able to avoid them altogether. For clarification as to whether this applies to your fact pattern, consult with your insurance agent.

For a free consultation with a car crash attorney in Glenview, call me today at 847-305-4105. I may not be able to help you avoid responsibility for a single vehicle accident, but I am happy to confer with you about how you should deal with your auto insurance company.

Who pays the medical bills after an auto accident

Who pays the medical bills after an auto accident?

If you were injured in a car accident in Illinois, you may wonder who pays the medical bills after an auto accident? Continue reading to find Auto Accident ILout who will pay your medical bills or contact me for a free consultation at 847-305-4105.

Warning

There are several ways to pay for medical bills after an auto accident. But before we discuss that, I want to advise you of a common misperception people have. The auto insurance for the driver of the vehicle that hit you will NOT pay your medical bills until your case settles.

As such, there is no sense in telling your medical providers to bill that driver’s auto insurance. That is a sure way to have your medical bills go to collections. It’s very unfair. You were not at fault for the accident. Still, you are the one responsible to confirm who pays your medical bills after an auto accident. As such, we recommend using one of the following means to get those bills paid.

MedPay Insurance

What is medpay? Medpay or medical payments coverage, is a clause within many auto insurance policies. It is optional coverage in Illinois so not everyone has it. You will usually contract with your auto insurance company for them to pay the first $2,500, $5,000 or $10,000 of your medical bills, regardless of fault.

I’ve read a lot online that people don’t recommend purchasing medpay. I disagree completely. For the few dollars a month medpay costs, it is a valuable thing to have if you get in an accident. Many people cannot afford to pay their deductible or co-pays which are so high these days. Medpay can cover that for you. If you don’t have health insurance at all, medpay is an option for getting your medical bills paid, again, regardless of fault. Finally, unlike health insurance which might pay 80% of a medical bill leaving you with the balance, medpay will pay 100% of the bill.

Health Insurance

I always tell my clients when they get any kind of medical treatment, tell your medical provider to bill your health insurance (but for bills paid by medpay).  There are many advantages to using your health insurance to pay your medical bills, the main one being is that your health insurance company such as Aetna or Blue Cross Blue Shield of Illinois, will likely have contracted rates with your medical provider. As such, Aetna will only have to pay their contracted rate for a bill rather than the whole rate.

So, for example, if you get a bill for $10,000 for an emergency room visit. Aetna will pay $5,000 of that bill and the rest will be written off by the medical provider.

You’re not completely off the hook, however. You may still have copays or a deductible that needs to be paid. Also, your health insurance company expects to be reimbursed for the money they paid on your behalf out of the proceeds of your settlement/recovery.

Still, using your health insurance to pay your medical bills after an accident is the best way to keep your medical costs down and get your bills paid.

Liens

Liens provide an interesting wrinkle to the issue of who pays the medical bills after an auto accident. A lien in this context basically means that when you recover from the injuries suffered in your accident, you are obligated by law to pay back your lien holders. These could include the ambulance company, emergency room, your physician etc.

Hospitals often file liens shortly after treating a patient so that they are assured of getting reimbursed for their services. Once they get paid by the health insurance company they will release their lien. Other providers may voluntarily enter into a lien agreement with you such as a chiropractor or physical therapist. In exchange for you and your attorney signing the lien, they agree to provide you treatment and hold off on billing you for the services until your case is resolved.

If you want more information on Illinois medical liens, check out the Illinois healthcare lien act.

Cash

Another option for paying your medical bills is to pay them up front with cash. This is seldom used of course, but it is an option to ensure your bills get paid.

Third party and uninsured motorist insurance

As stated above, the insurance company for the driver who hit you will not pay your medical bills until you settle or otherwise resolve your case. However, when you settle, one of the aspects of the settlement will be reimbursement for your medical bills.

So, for example, let’s say you are involved in a minor fender bender but you do go to the hospital. You have no other treatment and your emergency room bill is $3,000.

You enter into a settlement with the auto insurance company of $10,000. That settlement includes reimbursement for your $3,000 in medical bills. Meaning, that after you pay your medical providers and/or health insurance company back, you will be left with $7,000 (assuming you do not have to pay attorneys’ fees).

The same thing applies to uninsured motorist coverage. If you are hit by an uninsured driver, you will file a claim against your own auto insurance policy. The same analysis will then apply. If you recover $10,000 from your insurance company, you will have to pay back the $3,000 in medical bills from your recovery.

If you are involved in a car accident in Illinois and you want to know who pays the medical bills after an auto accident, contact Barry Zlotowicz at 847-305-4105 for a free consultation.

Injured as a passenger in a car accident – Who do you sue?

Quite often I get calls from people who were injured as a passenger in a car accident. They always ask, who do you sue? The quick answer is it Car Accidentdepends upon who was at fault for the accident. If you were injured as a passenger in a car accident, call our office today for a free consultation at 847-305-4105.

Injured as a passenger in a car accident

Who was at fault for the accident?

First, most likely you won’t have to “sue” anyone. But certainly, the question will arise which driver’s insurance company you should file a claim with. If the driver of the other vehicle was at fault, there is no issue. You will have the same rights as the person driving your vehicle.

But what happens if the driver of your car was all or partially at fault for the accident? If that’s the case, it could be very complicated as in most of the cases I’ve seen like this, the driver of the car or motorcycle is often the parent, significant other, friend or colleague of the injured party. Filing a claim against their insurance could cause friction in your relationship with that person.

Example

For example, a while back I worked on a motorcycle accident case. My former firm represented a woman who was riding on the back of a motorcycle driven by her male friend. As they tried to make a turn, the motorcycle hit some gravel and went down. Our client filed a claim against her friend’s motorcycle policy.

The driver seemed fine with the claim at first until it came time to settle her case. He heard how much money we demanded and he angrily called our office and told us he was not at fault for the accident, the gravel was. However, his insurance company had already accepted liability for the accident.

Our client was also upset as she did not want to anger her friend. We advised our client that if the driver was not at fault for the accident, then there would be zero recoveries. In the end, our client agreed to continue to pursue the case and she recovered nicely from her injuries.

As an aside, as a passenger, if you are injured as a passenger in a car accident, you are also entitled to utilize the driver’s medpay insurance through his/her own insurance policy to pay for some of your medical bills.

Taxi, Uber and Lyft accidents

I have received several calls in the past couple years from people who were Injured as a passenger in a car accident involving an Uber driver. I generally support the rideshare concept but have noticed that often when I see a car driving erratically it often is a rideshare vehicle.

If you are injured as a passenger in the back of an Uber, you can recover for your injuries. The issue again will be who caused the accident, the Uber or Lyft driver or the driver of the other car. I have handled cases where a passenger was injured by a third party while driving in an Uber and I have also represented Uber drivers who were injured by others while driving.

Uber uses James River Insurance Company to handle their driver’s claims. Clicking here will take you to the page to file a claim for injuries suffered as a passenger in an Uber.

Bus accident

The same rule applies if you are injured as a passenger in a bus accident. I’ve represented bus accident victims before and we deal with trying to figure out who is responsible for the accident, the CTA or other bus agency or the driver of the car the bus crashed with.

Solo vehicle accidents

I recently received a call from a very nice woman who was involved in a solo vehicle accident. She admitted to the insurance company that she crashed her vehicle when she bent down while driving to pick something up. Her car flipped and she and her 2 small kids were injured.

In that situation, the woman has no claim as she caused the accident. However, both of her children have a claim to file against their own mother for their injuries. Fortunately, the mother knew she was at fault and her auto insurance rates were going to increase regardless. As such, she had her kids file claims against her own policy.

Conclusion

If you are Injured as a passenger in a car accident, call our office at 847-305-4105 for a free consultation. This situation can get sticky and often times it’s better to have an outside party like a personal injury attorney make the call for you.

Chicago Property Damage Attorney

Call Barry Zlotowicz of the Chicago Legal Group today at 847-305-4105 if you are searching for a property damage lawyer automobile property damage attorney chicagoin Chicago. We have handled countless property damage claims on behalf of victims of automobile, motorcycle, bicycle and other accidents.

What type of property damage can you recover for?

If you are involved in an auto or other motor vehicle accident, you likely suffered some form of property damage. That could include damage to your vehicle, damage to personal items like your iPhone or GPS, and you will also be forced to pay for a replacement vehicle while your vehicle is being repaired. To obtain help, call an Illinois Accident Lawyer today or continue reading below.

The most common claim is for the damage to your vehicle. Each type of accident is different and raises a different type of issue. If you were hit in your car, there might be damage to your bumper that can’t be seen by an auto insurance appraiser without taking the bumper off. Perhaps you got hit on a $5,000.00 road bicycle. If the bike has a carbon fiber frame, it may require an x-ray to determine if it is cracked. If you were on a motorcycle, you may have many aftermarket parts on the bike. As a property damage attorney in Chicago, I have seen nearly every issue that can arise.

Common property damage issues

How do you prove your property damage? In a word, documentation. Check out my blog on this topic or check out my YouTube page LawFull for more information on documentation. But in short, obtain photographs of all the property damage as soon as possible. If you are seeking reimbursement for a phone, a pair of riding pants or a leather jacket, find your receipts for the items or provide your Illinois accident lawyer links on Amazon.com or another site so that you can establish the value of your damaged property.

How many estimates do you have to obtain?

In Illinois, there is no specific law regarding how many estimates you have to obtain. It may behoove you to obtain more than one, however. Insurance companies often require more than one and it is not worth fighting them about it. You may not have to get an estimate at all as the auto insurance company may send an appraiser out to inspect your vehicle.

Can I choose where I get my vehicle fixed?

In short, yes you can. However, it may be a good idea to work with the insurance company to get your vehicle fixed with one of their contracted/approved shops. The reason being is that the insurance company will come up with an estimated value of your vehicle. If you take your vehicle to a different shop, the insurance company might refuse to pay more than their own appraiser’s estimate. That could lead to a dispute which may have to be settled in court.

Rental Car and Loss of Use

You are entitled to a rental car for a certain period of time. I’ve had insurance companies come down on all sides of this issue. Some give you a car of comparable quality to the car you were driving. Others pay for a compact. There are also limitations on the amount of time you can be in a rental car. If the insurance adjuster is pressuring you on this, ask them to prove to you that there are limits and/or restrictions on rental car compensation in their insured’s auto policy.

You may also be able to recover from the loss of use of your vehicle. In short, if you have a motorcycle and you can’t ride it for 30 days because of the damage to the vehicle, you can try to seek compensation for that. Insurance companies will frequently pay you the amount it would have cost for you to rent a car during that time period.

Diminished Value

I’ve had clients who were hit shortly after they purchased their cars. There is no Illinois law that dictates that an insurance company has to pay you for the diminished value of your vehicle. However, it’s worth the effort to try and recover for diminished value. You do so through, once again, documentation. You need an expert to document that the value of the car as it sits after being repaired is less than a comparable car that has not been in an accident.

Why Won’t an Illinois Accident Lawyer take my case?

Illinois accident lawyers are compensated for recovering from an injured person’s medical bills, pain, and suffering, lost wages, loss of enjoyment etc. I do not and never will take money from my clients’ property damage settlements. As a result, if a case only involves property damage, there’s not a lot an accident lawyer can do for you.

If you are involved in a property damage only accident, you may have to file in small claims court on your own and/or settle your dispute with the insurance company. If that’s the case, feel free to contact me to discuss your case. I’m happy to be a resource for you.

Should I use my own insurance to pay for my property damage?

I always recommend my clients use their own insurance company to pay for their property damage if they have collision coverage. Yes, you will have to front your deductible. But you will probably get it back (depending on a few factors). This is the quickest way for you to get your car back quickly and set you on the course to returning to your pre-accident status.

Your auto insurance company will then “subrogate” or go after the other insurance company on your behalf, to recover for the costs to your vehicle. Your insurance rates should not increase just because you used your own insurance unless you were at fault for the accident.

Comparative negligence

In Illinois, an accident victim can still recover their damages even if they are partially at fault for the accident. The concept is called comparative negligence. Often an insurance company will try and place a small percentage of fault on you for the accident even if it is not warranted. You are not obligated to accept this if you do not want to. However, be aware that if you do accept partial fault, that your recovery for your property damage will be reduced by your percentage of fault.

Thank you for reading my Illinois Accident Lawyer blog article on property damage. If you would like a free consultation on this or any other injury-related issue, please feel free to contact me at 847-305-4105.

Personal injury law firm – arbitration clauses

Personal injury law firm discusses arbitration of auto insurance claims

My name is Barry Zlotowicz and I am the owner of a personal injury law firm headquartered in Glenview, Illinois. I’ve been licensed to Personal injury law firmpractice since 1993. During that time, I have been involved in many auto insurance claims where a client sought to recover from her own auto insurance policy for her damages. If you want a consultation about pursing an uninsured motorist claim against your own auto insurance policy, call me today at 847-305-4105.

Uninsured Motorist Coverage

I have detailed at length in this blog about the need to have adequate amounts of uninsured motorist (UM) coverage. If you get hit by an uninsured driver, you will have to seek compensation from your own insurance policy. In Illinois, everyone has a minimum of $25,000 in UM coverage if they have auto insurance.

What’s the Catch?

Once you file a claim against your own insurance policy, you and your insurance company become adverse. Meaning, that your personal injury law firm is trying to recover the maximum amount from your auto insurance and your insurance company wants to pay out as little as possible. That’s correct, you can and will get low-balled by your own insurance company.

Mandatory Arbitration Clauses

The first trick the insurance company already used to reduce your recovery against your own policy is that they inserted a mandatory arbitration clause in your auto insurance policy. You already bargained away your right to a jury trial for your damages. Don’t feel bad. We all agree to these clauses. They are inescapable if you want auto insurance. Unfortunately, juries, especially like those in Cook County, Illinois, can award large verdicts in cases involving severe injuries. In contrast, arbitrators are much more conservative when doling out compensation.

How to spot an arbitration clause

A typical um arbitration clause will look just like the clause below, which I copied from a former client’s policy. The name of the company will not be disclosed:

Arbitration. “Any dispute with respect to whether the insured is legally entitled to recover damages or the amount of damages recoverable by the insured shall be submitted for arbitration to the American Arbitration Association and shall be subject to its rules governing the conduct of arbitration hearings…”

How do you select an arbitrator? Usually set forth in the policy as well. The same policy as above stated that:

“Upon the insured requesting arbitration, each party to the dispute shall select an arbitrator and the 2 arbitrators so named shall select a third arbitrator.”

The arbitrator’s decision could be binding (meaning your stuck with it whatever it is) depending on the language of the policy. It might also provide that cases under a certain value are limited to arbitration but that cases in excess of that value might have the right to a bench (though probably not jury) trial. Meaning, a judge might hear your case, but a jury will not. And as stated above, a jury verdict is what you want, especially in Chicago.

Benefits of an arbitration clause

It wouldn’t be fair to completely diminish the value of an arbitration clause. There are benefits of an arbitration clause to you and your personal injury law firm. For example, it can take eighteen or more months to get to trial. However, the arbitration process moves much quicker. As such, you can obtain a resolution of your case and get access to your money quicker.

Also, the costs of arbitration can be much less than going to trial. That’s a benefit to you because accident victims represented by a personal injury law firm will have to pay the firm back for the expenses it fronted out of the proceeds of the recovery. The more costs, the less you recover.

Finally, arbitration is a less formal process. If you are intimidated by sitting in a courtroom and testifying to a jury, arbitration might be a better forum for you to have your grievance heard.

If you are injured in an accident and want to talk to a personal injury law firm, feel free to contact us for a free consultation at 847-305-4105. We can help you decipher the arbitration clause in your auto insurance policy and decide on the best course you can take to recover against it.

Recorded Statement – A Risky Gamble

Tens of thousands of auto accident claims are filed every day with insurance companies. Shortly after each of those claims, the accident Auto Accident Recorded Statementvictim will get a call from an insurance adjuster looking for a recorded statement about the accident. If you are involved in an accident and you would like a free consultation to discuss whether you should give the recorded statement, call our office at 312-848-9783.

What is a Recorded Statement?

A recorded statement is a tool used by insurance companies like Allstate or State Farm to figure out what happened in an auto or other accident. An insurance adjuster, who is an Allstate or State Farm employee, will call you over the phone and ask you questions about the accident. The questions will seem simple and you may feel compelled to answer as you are attempting to get the insurance company to pay for your damages and/or injuries. Be Careful!

Do I Have to Give a Recorded Statement?

The simple answer is no. You do not have to give a recorded statement to the insurance company for the vehicle who caused your accident. In fact, we advise (almost) all our clients not to give recorded statements. Why? The recorded statement is a trick used by insurance companies to get you on the record.

It seems simple. At first, the insurance adjuster is nice and sincere in his or her efforts to help you. However, what they are trying to do is pin you down to a story. Once you have committed, the insurance adjuster (or their defense attorneys) will use that information later to poke holes in your case.

For example, if you stated during a recorded statement that you were positive you driving 35 miles per hour at the time of the accident, you are now locked into that speed. If you change your story at all during your deposition (sworn statement before trial) or during cross-examination (while at trial), the insurance company will capitalize on the change in your testimony to discredit you.

Or, perhaps during the recorded statement you forgot to tell the adjuster that your shoulder was in pain following the accident. A year later when you attempt to obtain compensation for your shoulder pain, rest assured the adjuster or defense attorney will point out that you did not complain of shoulder pain after the accident. To learn more about documenting your injuries, check out this article.

In most cases, the insurance adjuster can make a determination of “liability” or responsibility for the accident from the police report, from speaking to their insured or by talking to witnesses. Often the facts help dictate fault as well. For example, if you were driving straight and the defendant took a left-hand turn in front of you, in most (though not all) cases, they will be responsible for failing to yield the right of way. And of course, there is little opportunity to deny responsibility if you were rear-ended in the accident.

When Should You Give a Recorded Statement?

If you file a claim with your own insurance company after the accident, you have a duty to cooperate with your insurance company in investigating the accident. In that situation, you need to give a recorded statement.

However, beware of your own insurance company as well. If the defendant who hit you was uninsured or underinsured, meaning he or she had a small insurance policy, you may have to go after your own insurance company for compensation through your uninsured or underinsured motorist coverage. In that situation, your insurance company will go from being helpful to being your opponent in a split second. Then, they will be the ones who use your recorded statement against you.

What to say in a Recorded Statement

If you do give a recorded statement, here are a few tips for what to say or not to say:

  • Don’t be too precise: Instead of saying you were driving 35 miles per hour, give an estimate. “I was driving around 35” or “I was driving between 30 and 35 miles per hour.”
  • Always be honest: if you lie, the insurance company will find out and use it against you. This will jeopardize your credibility with the insurance company or the jury.
  • Limit the scope of the recorded statement: Agree to talk about the facts of the accident but not your injuries.
  • Do NOT guess. If you don’t know an answer, say so.
  • Do NOT sign a medical release or any other document. You will provide them your medical records when you see fit.
  • Keep your answers brief. Do not expound on anything. Simply answer their questions as briefly as you can and then stop talking. The more you talk the more they have to use against you.

Conclusion

If you are contacted by an insurance company after an accident, we recommend talking to an attorney prior to giving a recorded statement. For a free consultation, contact us today at 312-848-9783.

Niles Automobile Accident And Handling Property Damage

You were fortunate and didn’t have any serious injuries after your auto accident, but what about your car?  If the accident was not your fault and your car was damaged, you can get your car repaired and personal property recovered.  Feel free to consult with Niles car accident attorney, Barry Zlotowicz of the Chicago Legal Group.property damage from car accident

When in an automobile accident, you are entitled to payment for damage done to your car and personal property.  Personal belongings that were inside the vehicle at the time of the accident, if the accident was someone else’s fault includes: computer, iPods, tablets, clothing, eye wear and other personal belongings.

Based upon on your specific auto coverage and who is found at fault of the auto accident, an insurance company, by contract, may be required to pay for the damages to your property.  The insurance contract will often show that the company is obligated to repair or even replace your car.

In the case of repairs, some companies will do their own estimates, although others may ask that obtain your own estimates.  You are typically free to decide which body shop you prefer to use.  On the other hand, some insurance companies may have a list of recommended body shops for you to go through.  If you select one of the recommended shops, and later there is a problem with their repairs, the insurance company may be able to help with handling the issue with the shop.

Additionally, you may be entitled to be compensated for the “loss of use” of your vehicle while it is being repaired.  This payment may be used to rent a replacement vehicle.  The amount in which you may be entitled to may differ under the conditions of your particular case and with the insurance company.

Often your car will be “totaled.”  Generally, a vehicle is “totaled” when the cost of repairs surpasses 80% or more of the value of the vehicle.  The challenges occur when it comes time to figure out the true value of the vehicle.

You may be able to recover your losses from the following sources:

Collision Coverage under Your Insurance – This is normally the fastest and simplest way to get your car repaired.  Your car repairs will be paid under your own insurance policy no matter who is at fault in the accident.

Liability Coverage under the Defendant’s Insurance – If the other person’s insurance company accepts fault in your accident, they will generally pay to have your car repaired. Regrettably, insurance companies usually take days or even weeks to make a decision as to whether or not to accept fault in the accident.

Uninsured Motorist Coverage under Your Insurance – If the person who caused the accident doesn’t have any insurance or is unable to be identified, you are protected under the uninsured motorist coverage of your own policy.

If you are a resident and had a car accident in Niles, we can help you get your car repaired and your personal property recovered.  Our office is equipped to assist you with recouping from the damages. Get in touch right now for a free consultation with Barry Zlotowicz, a Niles personal injury attorney at 847-305-4105 or 877-LAW-4312.

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