What happens if I’m at fault for a car crash?

January 5, 2019 by Barry Zlotowicz Law Firms 

What happens if I’m at fault for a car crash?

Did you cause an accident were wondering what happens if I’m at fault for a car crash? As a personal injury lawyer, I normally represent people who fault for a car crashwere involved in car crashes but were not at fault for the accident. If you caused a car crash and were wondering what was going to happen, call me at 847-305-4105.

Today I’m going to answer the question of what happens if you caused a car crash.  What is going to happen to you and what you can and cannot recover yourself.

When you cause a crash, you are the “at-fault” party. Theoretically, the victim in the crash will file a claim with your insurance company or he or she might file a lawsuit against you personally.

In this case, you are the “defendant.”  You are defending yourself against the claim of another person.

The first thing that I would recommend doing is telling your own auto insurance company about the crash. Turn it over to State Farm or Farmers Insurance and let them handle it. This is the reason you purchased insurance in the first place.

Obligation to Work with Your Insurance Company

When you signed up for auto insurance, you actually agreed, whether you know it or not, to work with your insurance company in the event you are involved in a car crash.

I don’t normally let my clients give a recorded statement to the third party (other guy’s) insurance company. However, giving a recorded statement to your insurance company will likely be required.

Other things are required as well such as getting your car inspected, providing them pictures, showing up to assist in your defense in case you get sued, and so on.

If you don’t cooperate with your insurance company, they could deny the victim’s claim against you. What would happen in this situation? The victim would likely file a lawsuit against you. They would be left with little choice.

In addition, if you proceed in this course of action, your insurance could drop their coverage of you altogether.

What happens if I’m at fault for a car crash?

What are the practical ramifications of causing an accident? They could include:

  • Increased auto insurance rates. This is what people who call my office are always concerned about.

Bottom line is there is no way around this. Your insurance rates could go up unless you have some sort of accident forgiveness on your policy.

Accidents happen and sometimes there is nothing you can do about it. If you didn’t have auto insurance, you would have been on the hook for much more than you are with insurance.

  • You may have also suffered significant damage to your car as well. If you have collision coverage on your vehicle, you can get the damage to your vehicle fixed as well.

If you don’t have collision coverage – you should get it. If you caused the accident, this insurance will cover the repairs to your own vehicle. Though you will likely have to pay your deductible.

  • I’ve had quite a few people call and ask if they can recover for their pain and suffering if they caused a car crash. Unfortunately, the answer is no.

If you caused the crash, you will not collect anything for your pain and suffering or for your medical bills.

One exception on the medical bills would be if you had medpay coverage. Medpay or medical payments coverage is a cheap way to get your first $2500 or $5000 in medical bills paid (including co-pays and your deductible) regardless of fault for the accident.

  • People also often ask if they can recover for their lost wages if they caused the accident. The short answer is no you cannot. At least in Illinois. However, some people have whats called PIP coverage or Personal Injury Protection. Under PIP plans, you may be entitled to recover for your lost wages regardless of fault.

 

  • Finally, while your car is getting repaired, you will probably need a rental car to get to work or to drive your kids around. Whether your rental car is paid for depends on whether you have rental car coverage in your policy.

My strong suggestion is – check with your auto insurance company before you get in an accident to make sure you have all of the above.

Additional Thoughts on Being a Defendant in a Car Crash Case

A couple other things to know if you caused an accident. Why I’m telling you this I don’t know because it certainly doesn’t help my clients who were the victims in the accident.

First, you may not be 100% at fault for the crash.  A majority of states in this country recognize the concept of “comparative negligence.” This means that there is some fault on the part of both parties to the accident.

In Illinois for example, if you can prove that the other party was more than fifty percent at fault for the accident, that person is barred from recovering.

Another thing to be aware of is being hit with an “excess judgment.”  For example, if you have an Illinois minimum insurance policy of $25,000, that means that your insurance company is only on the hook for the first $25,000 in damages you cause.

But what if the victim suffered huge injuries and as a result, they obtain a verdict against you of $1,000,000? Your insurance is not going to pay that extra $975,000. Unfortunately, chances are you can’t pay it either. As such, chances are you will end of filing bankruptcy.

This is not the norm, however. Most personal injury lawyers are not going to file a lawsuit in a case where there’s $25,000 in insurance proceeds, litigate the case for 18 months, go to trial and then try to collect against someone who likely doesn’t have the ability to pay that amount.

Finally, you might be thinking that you shouldn’t get insurance at all then. About 15% of the people driving on the road in Illinois do not have insurance. Be warned that if you do not get insurance, you can get arrested and charged with a crime. And, you could theoretically get sued and be forced to file bankruptcy to avoid paying the judgement against you.


Disclaimer

This blog is for entertainment and informational purposes only. It is not intended as legal advice and the accuracy thereof is not warranted or guaranteed. This information is prone to errors and omissions. Use this information at your own risk. Reading this blog does not create an attorney-client relationship. All content in this blog is owned by the creator. This blog may include copyrighted information. Use of this information constitutes a “fair use” of this material.

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