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Illinois Car Accidents Questions & Answers
2 Answers | Asked in Car Accidents for Illinois on
Q: My vehicle was backed into while I was away from home. My vehicle was damaged internally/ passengerI side damaged? Help

I’m getting lowballed so I would like to take further action. Help?

Tim Akpinar
Tim Akpinar
answered on Jun 15, 2023

An Illinois attorney could advise best, as insurance practices are governed by state laws. But you posted two weeks ago. It appears that your dispute is probably over the cost of repairs, not salvage and replacement. From your description, it doesn't sound like the type of accident that would... View More

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2 Answers | Asked in Car Accidents and Criminal Law for Illinois on
Q: Can I sue my father for taking my car while I was out of town?

He was supposed to drive it back from the airport while I was away and leave it parked on May13th. But on May 16th he got into a wreck, he was the at fault driver. He’s refusing to pay more than $500 so I’m want to know if I can still file it as stolen at the time of the accident in Evanston... View More

Tim Akpinar
Tim Akpinar
answered on Jun 14, 2023

An Illinois attorney could advise best, but your question remains open for two weeks. A criminal defense attorney could better explain the reasons why it would be a bad idea to report the car stolen. As far as the civil aspects of the matter, one of the first things an accident attorney would... View More

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2 Answers | Asked in Criminal Law and Car Accidents for Illinois on
Q: can you press criminal charges against a hit and run driver in Chicago if you know their address but not name?

They live on my block and I caught them after the accident. She admitted she had been drinking but will not provide her name or insurance information.

Charles Candiano
Charles Candiano
answered on May 7, 2023

ONLY the state's attorney or one of her deputies can bring criminal charges against anyone. If you are not the state's attorney or a deputy state's attorney, you cannot bring criminal charges against anyone.

You can and should make a police report, identifying the driver...
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1 Answer | Asked in Personal Injury, Car Accidents and Construction Law for Illinois on
Q: Is there a minimum bridge clearance for a unposted overpass in the city of Chicago

I hit an unmarked overpass that belong to the railroad with my semi trucking done considerable damage to the trailer

Tim Akpinar
Tim Akpinar
answered on Apr 26, 2023

An Illinois attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney, you could look into whether the Chicago Department of Transportation has information on this. Good luck

1 Answer | Asked in Car Accidents for Illinois on
Q: What penalty will I face if the other person doesn’t report a car accident?

I merged into the lane next to me and as I was doing so the person sped up and I clipped their car minor damages occurred the person never reported the accident but is now trying to make a police report

Charles Candiano
Charles Candiano
answered on Apr 15, 2023

If they do not report it, nothing happens. I think you mean to ask what will happen if they DO report the accident and that is the question I'm answering.

Failure to Stop at the Scene of a Property Damage Accident and Improper lane usage are the first to come to mind. On your...
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1 Answer | Asked in Car Accidents for Illinois on
Q: I was recently awarded an amount for a car accident and I feel like the lawyer is taking way too much

So back in 2020 I was in a car accident and because of the accident I did have to see get physical therapy I got injections in my back the first offer was like 13,000 something and I turned it down because I felt it was highly unfair that was a commercial vehicle that hit me they ran a light was... View More

Charles Candiano
Charles Candiano
answered on Mar 23, 2023

That is not possible. You should get a minimum of $16,000.

Though you do not tell us the amount of your medical liens, they must have exceeded $24,000 (40% of your recovery). Under the Illinois healthcare lien act, when that happens, by operation of statute, provider liens are limited to...
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1 Answer | Asked in Car Accidents and Criminal Law for Illinois on
Q: I was in an accident And i panicked for whatever reason and I drove off. What do I do now

I was in an accident And i panicked for whatever reason and I drove off. I checked online and there was a report made with no injuries but there was damage over 1500 dollars. I have insurance and I have a license I don't know why I panicked. But now I don't know what to do should I turn... View More

Charles Candiano
Charles Candiano
answered on Mar 8, 2023

Doing Nothing is NOT an option! Consult a local traffic/criminal defense attorney with further details to assess your options. Do NOT provide any further details online as you are admitting to a crime. If you had a valid license and insurance, there could be no immediate consequence beyond your... View More

1 Answer | Asked in Traffic Tickets and Car Accidents for Illinois on
Q: I got a ticket for driving 28 over speed limit in 25 mph zone. I know it can be a jail time . How likely that to happen?

Mount Prospect Illinois

Brandon K. Davis
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Brandon K. Davis
answered on Feb 5, 2023

The maximum penalty for speeding 26-34 mph over the limit is 6 months in jail and a $1,500.00 fine - the minimum penalty is court supervision. Of course, the goal is to avoid jail time and a criminal conviction. Traffic school and community service are more common than jail. The ultimate result... View More

1 Answer | Asked in Car Accidents and Traffic Tickets for Illinois on
Q: in a car accident and received 2 ticket for uninsured vehicle and expired registration can the tickets be thrown out?
Theodore J. Harvatin
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answered on Jan 11, 2023

If should purchase insurance and bring proof to court. They would provide you court supervision and fine you but you would avoid a no insurance conviction, which would cause a suspension of your license.

Note: you will have to purchase SR 22 coverage, in addition to your regular insurance....
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1 Answer | Asked in Insurance Bad Faith and Car Accidents for Illinois on
Q: My auto insurance denied my claim on a financed vehicle. How can they deny my claim if I had full coverage?

My insurance company denied my claim due to the EDR or black box in my car; it didn't show that any car hit my car. When it comes to the EDR system in the car, the only time it activates is when the airbags deploy. That being said, the vehicle that bumped me didn't hit me hard enough that... View More

Lindsey Seeskin
Lindsey Seeskin
answered on Dec 7, 2022

United Equitable's denial is technically legal, but that does not make it completely right. Unfortunately, United Equitable is one of several insurance companies in Illinois that come up with a myriad of reasons to deny coverage for their own policyholders. Those reasons are oftentimes very... View More

2 Answers | Asked in Insurance Bad Faith and Car Accidents for Illinois on
Q: I had full coverage insurance with United Equitable and they denied my claim on a financed vehicle. Is that legal?

I was driving to work when a car from the left lane swerved into my lane ended up bumping my front driver's side bumper and, making me swerve out of the way and having me lose control. My car hit the right side rail on the highway and then spun around, crashing into the median that separates... View More

Lindsey Seeskin
Lindsey Seeskin
answered on Dec 7, 2022

United Equitable's denial is technically legal, but that does not make it right. Unfortunately, United Equitable is one of several insurance companies in Illinois that come up with a myriad of reasons to deny coverage for their own policyholders. Those reasons are oftentimes very questionable... View More

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1 Answer | Asked in Car Accidents and Traffic Tickets for Illinois on
Q: Will the other party be notified of court date of my son pleading not guilty to accident ticket?

My son was just in accident, was turning left on a yellow and other female student driving in opposite direction sped up and they crashed, therefore he got ticket. My insc agent said for him to plead not guilty and as long the accident claim in processed before the continued court date she should... View More

Tim Akpinar
Tim Akpinar
answered on Nov 16, 2022

An Illinois attorney could advise best, but your question remains open for two weeks. If you haven't already done so, you should consider reaching out to a traffic ticket defense attorney in the Chicago area. I don't think the accident loss claim is going to be processed before the... View More

1 Answer | Asked in Traffic Tickets and Car Accidents for Illinois on
Q: Can I apply for court supervision a second time even though it hasn’t been 12 months since my last court supervision?

So I currently got into a car accident in where it was my fault. No one got hurt. But I got a ticket for reduce to speed/accident. I was trying to brake but my foot slipped off the brakes and it was too late. I took a court supervision in November. I was told no tickets between 6 months or 12 but... View More

Theodore J. Harvatin
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answered on Oct 5, 2022

They may grant you supervision twice in a year. But even if you were convicted, if the Nov ticket is the only one for 12 months it will not be a problem. Having said that, go to court and ask them if the other driver showed up. If they did not show up, most likely the ticket will be dropped. By the... View More

1 Answer | Asked in Car Accidents for Illinois on
Q: is it legal for police officer not to ask me to call towing and he calls his preferred tow and we end up with 15000$ bil

there was accident invoving my driver of truck and trailer , police never asked us to call towing. he calls "preferred towing", towing never asks us where to tow. tow us to there location and now they have 15000$. truck and trailer were towed separatelly and they do not wanna release my... View More

Charles Candiano
Charles Candiano
answered on Oct 6, 2022

ABSOLUTELY! The police have a duty to clear the highway after an accident. To that end, in any given jurisdiction, tow operators must apply with the police agency or district and must be able to respond 24/7 (in good weather) within 20 minutes and meet other criteria, as provided by State Vehicle... View More

1 Answer | Asked in Car Accidents for Illinois on
Q: a vehicle with a dealer lien was involved in a collision, towed to our shop in chicago.

the vehicle owner stated he had no current insurance. i called the lienholder at their corporate headquarters; they are located in the state of Georgia. I was informed they would have to report the incident to the department of abandoned vehicles, which would probably involve a delay of 30-60 days... View More

Charles Candiano
Charles Candiano
answered on Sep 12, 2022

Please ask a more specific question. If you are asking whether you are permitted to charge storage fees as permitted by Illinois statute, the answer is YES. Just to be on the safe side, I would send the lienholder a letter by certified mail with return receipt requested, memorializing your... View More

1 Answer | Asked in Car Accidents for Illinois on
Q: Value of shoulder labrum tear from rear-end accident.

I know the value can fluctuate but looking for best guestimate range. Rear ended in vehicle accident when I was at a red light. Neck/back and shoulder pain. Neck/back was treated by chiro for a couple of weeks before I got into an orthopedic doctor. Received cortisone shot in right shoulder (right... View More

Charles Candiano
Charles Candiano
answered on Aug 30, 2022

First of all, let me commend you for having the foresight to carry reasonable limits of insurance. It is exactly this type of situation where that pays off. Irrespective of the at fault driver's policy limits, you have at least $250,000 of coverage available, without looking at the policy.... View More

1 Answer | Asked in Car Accidents for Illinois on
Q: Diminished Value on a suv because of a delayed reporting on a crash. Bought a 2017 Jeep Grand Cherokee, used, carfax

showed no accidents, and two years later, during a repair, discovered it had been involved in a left frontal accident, checked carfax again, and it was reported a year later after my purchase?

Charles Candiano
Charles Candiano
answered on Jun 30, 2022

Though it is true that a car has diminished value once it is involved in an accident, the amount by which the value is diminished varies widely. Illinois law provides for you to make a claim for diminished value on vehicles that you own. On your facts, this vehicle was involved in an accident... View More

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Illinois on
Q: A few months back I was driving a rental car and hit a deer. I now am going to court for driving without insurance?

I sold my car years ago and use rental cars for work so I don’t have my own personal insurance besides on my credit card. I had always thought that rental car companies legally had to have state minimum coverage on their vehicles. How do I fight this?

(Update #2): Providing a second... View More

Charles Candiano
Charles Candiano
answered on May 13, 2022

Please don't say that you thought car rental companies were obligated to provide insurance. They all DO provide insurance as a DEFAULT.

The application requires you to SPECIFICALLY DECLINE insurance coverage and additionally makes you sign or initial that choice. Additionally, rental...
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1 Answer | Asked in Car Accidents and Bankruptcy for Illinois on
Q: Insurer filed Dec 21 a lawsuit for the damage I made in a car accident in Dec 2016. Can the debt be written off?

Untill this year I didn't know that the other driver filed a claim, the approximate damage looked around $1000 but it turned out that he filed a claim for more than $11.000.

I’m not sure if it’d suspend my driver license if I’m not capable of paying that amount. I can’t let... View More

Theodore J. Harvatin
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answered on Apr 13, 2022

You can enter into a payment plan with the insurance company if you can agree upon an amount. As long as you stick with the payment plan your license will not be suspended. Or you can write off the debt and bankruptcy. Or win the case in court.

Otherwise, if they take a judgment and file...
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1 Answer | Asked in Car Accidents and Traffic Tickets for Illinois on
Q: I got a ticket from an accident and the cop told me a court date verbally but on my ticket there is no info about court

The court box isn't checked off either. What do I do? Thanks

Charles Candiano
Charles Candiano
answered on Mar 31, 2022

To provide a meaningful answer, you really need to tell us more. For example, what was the ticket for? If you got a ticket for no insurance, you should get insurance before you go to court. Also, if you caused the accident and did not have insurance, you need to contact the other persons involved... View More

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