Q: What If I feel like I was wrongly accused of a accident that was partially my fault?
I was involved in a car accident where I was coming down the wrong side turning lane and I took fault for that part but in doing so he wasn't supposed to be turning without one a turning signal then he came down a turning lane stating that he was jus trying to go on on coming traffic headed straight if he was "turning" into the traffic i would've hit hit rear we hit head on my car was completely totaled and I'm paying back for his damages and mine when it was a both at fault I didn't have no insurance because i was kinda homeless at time so couldnt afford if this make sense what should i do because i had more damages to my car and body then his for one and two it was both our fault but i was left with a $17,000 property damage bill
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Illinois
- (314) 542-2222
- View Profile
- Answered
A:
Illinois has a modified comparative fault rule, which means that someone who is partially at fault can still recover compensation from the other party's insurance as long as they were 50% or less at fault (the amount they recover would be reduced by the share of fault they carry, so if they were 40% at fault for the accident, they could only recover 60% of the damages they suffered). Of course, the degree of fault may be disputed but without your insurance company and their lawyers representing you, you may have a difficult time disputing your degree of fault without a lawyer of your own.
Did you sign something agreeing to pay his damages? How did it come to be that you became responsible for the $17,000 in property damage? Did they sue you personally? Often in car accidents, if the liable party is uninsured, it is not worth it for the damaged party to pursue a suit against the individual since it's unlikely they will recover the payment from that person. Instead they might be better off making an uninsured claim against their own insurance policy. I don't have enough information about your situation, but I hope this helps you understand the facts you are facing. You can call my firm (burgerlaw.com or 314-500-HURT) or someone like us to talk to a lawyer in a free consultation to get a better idea of what you're dealing with here.
Tim Akpinar agrees with this answer
A: If you could arrange a free initial consult with an Illinois attorney, that might be the most thorough way to sort out what happened here, between the matter of how liability was apportioned (it isn't fully clear from the brief post - if you have a police report, that would be valuable to an attorney), what your injuries are, and why the matter wasn't pursued through UM (as my colleague correctly points out). Good luck
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.
