Q: What am I legally entitled to in Illinois if I'm rear ended while stopped in traffic?
The car is a total loss. The insurance company is offering me a settlement amount that will pay off my outstanding loan, but leave me almost nothing for a down payment on a replacement vehicle, so I'll have to deplete my savings to get another car, and even if I get the same year, make and model I'm going to have a higher monthly payment, a longer loan liability, or likely both. I'm not looking to profit from this, but why should I have to lose my savings and take on more liability for something that wasn't my fault?
A: Did you suffer from any personal injuries as a result of the collision? If so, it is well advised to contact a personal injury attorney immediately, as you are entitled to additional compensation. The additional compensation for your injuries and other recoverable damages can assist in your concern of depleting your savings, but you will not receive fair compensation unless you are represented by counsel.
That being the case, if you were injured, I recommend you organize everything in your possession that is relevant to this matter, including the collision report and medical records/bills, and consult with a personal injury attorney. Many of us offer free consultations, and will represent you in regards to your personal injuries on a contingent basis, so you will not have to pay anything out of pocket to obtain the representation and guidance of an experienced professional who will work with you to ensure your recovery is maximized.
Charles Candiano agrees with this answer
A: You owe it to yourself to discuss your case with a personal injury attorney to determine what they can do for you. Our fee is based on recovery for injuries so it would not affect any recovery for damage to your vehicle. That said, it is rare that your car would be totalled without you sustaining any injury whatsoever. Initial consults are free and without obligation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.