THE LAW OFFICES OF
BARRY G. DOYLE, P.C.
100 W MONROE ST.,
STE 2100
CHICAGO, IL 60603
PHONE: 312.263.1080
FAX: 312.263.0153
Chicago Car Accident Lawyer
Serving Chicago, Rockford, Aurora, and Surrounding Areas
Please select from the following questions:
- How do I get my car repaired?
- When I get hurt in a car accident what should I do?
- What do I do when the other driver has no insurance?
1. How do I get my car repaired?
You have two basic options:
a) Look for the other driver's insurance company to pay for the repairs.
Illinois law requires every driver to carry a minimum amount of insurance. For property damage, that amount is $15,000 per occurrence. So every driver must carry at least $15,000 in insurance to cover all vehicles damaged in one accident.
If there is a chain collision where two vehicles are damaged besides that of the at-fault driver, the $15,000 must be split for the repairs to both those vehicles.
The difficult thing about dealing with another driver's insurer is that they will often low-ball you or insist that the work be done at their body shop, instead of one you trust.
b) Take care of the repairs yourself, and then look to the other driver's insurance to reimburse you.
If the other driver is not insured (or you decide you don't want to deal with his insurer), you can seek reimbursement from the driver himself.
You can go through the legal system, or, more commonly, you can go through your own insurance and have them try to recover the costs, whether from the other driver himself, or from his insurance.
Unfortunately, there are no guarantees of inexpensive, timely, or complete satisfaction when dealing with insurance companies.
If your car is totaled
The answers may be even less satisfying. The other driver or insurance company is only required to pay the fair market value for the car, which is often slightly less than "Blue Book" value.
This is true even when:
- The value of your car is so low (because of the make and age of the car for instance) that you can't afford to get a replacement vehicle
- You owe more money on the car than what they are offering you
2. When I get hurt in a car accident what should I do?
You should first seek medical care. Any delay in obtaining care will be used against you by the insurance company.
- When you see the doctor, be sure to tell him that your problems began with the car accident, and advise him of ALL the parts of your body that hurt, not just the ones that hurt worst.
Use your health insurance
The advantage of this is that although your health insurance will later seek reimbursement of those expenses, many times that amount will be significantly less than the full amount billed by the health care providers, but you can claim the full amount of the bill. Moreover, your health insurer will not have to be reimbursed for what they've actually paid out on a dollar-for-dollar basis.
Use your no-fault medical coverage
If you have no health insurance, but do have full coverage on your vehicle, you should have a coverage called medical payments. This is a no-fault coverage which will pay your bills up to the policy limits for that coverage. The limits are typically low, often $10,000 or less.
If you do have health insurance, this no-fault coverage can cover deductibles, prescription medications, or other uncovered costs.
When you settle your case, your automobile insurer will also seek reimbursement of the expenses it paid out under medical payments coverage, but like health insurers, they will not be paid back on a dollar-for-dollar basis.
Have a lien placed on your settlement amount
Your health care provider can place a lien on your settlement, and this gives them the right to get paid directly out of the proceeds of your settlement.
At times, we can negotiate with health care providers to take a reduced amount, but they do not have to agree to this. That means you end up paying the full list price for the care you receive. This is why it is preferable to use other forms of insurance.
Avoid your account being sent to collections
Even if the accident was not your fault, your health care provider does not have to wait until your case is over to seek payment for the services they provided. Many will send your account to collections if they are not paid within a certain time frame.
This is one reason why you want to act promptly after a motor vehicle accident by hiring a well-qualified auto accident attorney.
3. What do I do when the other driver has no insurance?
You have 2 options:
- Sue the other driver personally and then try to collect the money from the judgment from him personally
- Go through your own uninsured motorist coverage
Uninsured motorist coverage should be included when you buy full coverage. If you get into a wreck with an uninsured driver, you can make a claim on your own insurance for uninsured motorist coverage.
Your insurance will then pay your damages up to your uninsured motorist policy limits and go after the other driver for reimbursement. This saves you the difficulties of going after the other driver.
Advantage of having a lawyer
When you make an uninsured motorist claim, you and your insurer will have a conflict of interest, so don't look to your insurer for guidance or protection.
There are complexities in uninsured motorist claims, so it is wise to retain a well-qualified personal injury attorney to represent your interests against those of your insurance company.
Hit-and-run accidents
Under Illinois law, hit-and-run drivers are considered to be uninsured motorists. That allows you to make a claim under your uninsured motorist coverage.
Most uninsured motorist policies require that you promptly notify the insurance company and the police when you are involved in a hit-and-run accident, so be sure to do that.
An automobile accident can wreck your health and your finances as well as your car. If someone's negligence has caused you injury and loss, contact Chicago car accident lawyer Barry Doyle for your free legal consultation. No recovery, no fee.
