Glenview Auto Accident – If You Get Sued
If you are involved in a Glenview auto accident, you may have been the driver who caused the accident rather than the victim. What do you do if you get sued? Check out this blog article on what to do if you cause an auto accident. And call for a free consultation if you have any questions at 847-305-4105.
There have been a couple really bad Glenview auto accident cases in the past 60 days. In one accident, a Glenview teenager named Jun Yang was involved in a solo vehicle accident. He had a passenger in the car who was also injured. Yang was 16 years old. I am the father of three teenage daughters, one of whom drives and a second who is about to start driver’s ed. So, this story really impacted me.
Then at the end of June 2018, a construction worker was hit by a truck that was backing up near Crestwood and Carousel drives in Glenview. According to the Chicago Tribune, the worker suffered serious injuries and was taken to the emergency room at Lutheran General Hospital.
If you are injured in a Glenview auto accident through no fault of your own, there are numerous resources on this website where you can find information on how to proceed. I will shamelessly suggest you should talk to a Glenview lawyer about your case.
But what do you do if you caused the auto accident? In that case, you are the “defendant.” This is the situation we all dread because if you did, in fact, cause the accident:
- Your car was likely also damaged
- You have to pay your deductible to get your car fixed
- You will have to spend a lot of time dealing with the aftermath of the accident, and of course
- You cannot recover for your “pain and suffering”
- Your auto insurance rates will likely go up
What are your defenses to have caused the accident?
Your primary defense to having caused a Glenview auto accident (aside from pleading innocence) is to argue that the other driver was comparatively negligent. In the state of Illinois, a driver can recover for their damages if they are not more than 50% responsible for the accident.
If you can prove that the other driver was even slightly drunk, or texting while driving, or otherwise distracted and that they, therefore, were partially at fault for the accident, you can diminish the amount of your responsibility for the accident.
What should you do?
Bottom line is, if you hit someone, call your insurance company immediately. That is why you have auto insurance. You’ve paid premiums for years just in case this situation arises. Let your insurance company and the insurance adjuster do their job. Believe me, they will look for every mechanism possible to deny or reduce your liability.
What if you don’t have auto insurance?
First, if you don’t have auto insurance, you can and likely will be cited by the police officer and will be required to appear in court.
You will be personally “liable” or responsible for the damages you caused. And you may very well get sued. Chances are if you cannot afford auto insurance you can’t afford to hire an attorney to defend you. In this case, you have to hope that the person you hit has adequate limits of uninsured and underinsured motorist coverage and collision coverage to get their vehicle fixed.
Regardless, you will likely get a letter from the insurance company which will seek to “subrogate” or obtains reimbursement for the money they paid to their insured.
The bottom line is that before you get in a Glenview auto accident, make sure you have adequate limits of auto insurance. If you want a free consultation on how to best protect yourself, feel free to contact me at 847-305-4105.
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