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Illinois Car Accidents Questions & Answers
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

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Illinois on
Q: involved in accident a car slammed into me and pushed me into the car in front now her insurance wants me to pay ? why?

i was not insured at the time of accident

Charles Candiano
Charles Candiano
answered on Mar 18, 2022

On your facts, you are not liable. Rather, the car that struck you is liable for the property damage to your vehicle, any injuries that you or your passengers sustained, any property damage to the car that you were forced into and any personal injury that the driver or any of the passengers of the... View More

1 Answer | Asked in Car Accidents and Wrongful Death for Illinois on
Q: Is there a time frame for suing for Wrongful Death?

I lost my entire family when a Semi Truck driver ran over their car from behind. I had an attorney who took advantage of my grief coaxing me to settle for a outrageously low amount. He didn't follow through with the suits he had promised and it has bothered me through the years.

Charles Candiano
Charles Candiano
answered on Feb 13, 2022

You must file suit within 2 years. That said, once you signed the Release in exchange for the money, you lost the ability to sue. The situation that you describe is the "Holy Grail" of personal injury attorneys because most commercial semi's have virtually unlimited insurance. It... View More

1 Answer | Asked in Car Accidents for Illinois on
Q: I got into a car accident nobody was hurt minor damage to both cars but i got cited and now have to go to court

Police said it was my fault and what was on the citation was inpoper turn usage

Charles Candiano
Charles Candiano
answered on Feb 6, 2022

You need to ask a question. If you are asking whether you should hire a traffic attorney, it is always better to be represented by counsel.

1 Answer | Asked in Car Accidents and Insurance Defense for Illinois on
Q: Dear lawyers, I hope this message finds you well. Recently, I had an accident, and a car hit me from behind.

The driver’s car insurance is American Family. Based on the State Police Trooper report as well as the American Family insurance company investigations, the driver behind me was at fault for the accident. Therefore, I was told by the American Family insurance company that they will fully cover... View More

Charles Candiano
Charles Candiano
answered on Feb 2, 2022

By definition, whenever the cost of repair exceeds the fair market value of the vehicle, it is totally demolished. On your facts, your car is worth $1500 and would cost $12,000 to repair, accordingly, your car is totally demolished. You have choices.1.) You can accept $1500 and give the title to... View More

2 Answers | Asked in Car Accidents, Domestic Violence and Small Claims for Illinois on
Q: My ex has my car that i paid for. He has the car because both names are on the car. He totaled it and wants the title.

There is a restraining order so this is why it’s difficult. What do i do about the car situation and the title? I believe he’s getting money from the insurance company.

Chase Van Oostendorp
Chase Van Oostendorp
answered on Jan 13, 2022

Is your ex your ex husband? If so, does the Divorce Decree state who retains possession of the vehicle? Is the restraining order against you or your ex?

These factors will have an impact on what your relief may be in this situation.

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1 Answer | Asked in Car Accidents and Tax Law for Illinois on
Q: I got hit from a semi truck from behind . I called the police and he give me the ticket . Developed dvt,head injury back
Charles Candiano
Charles Candiano
answered on Jan 13, 2022

The only way that YOU could be ticketed on a rear-end accident is if your disabled car was in the roadway. If this is not the case, you should NOT have received a ticket AND you should be able to recover. Please contact my office and I am happy to answer any questions you may have without any... View More

2 Answers | Asked in Car Accidents and Personal Injury for Illinois on
Q: If a vehicle is standing that got hit by another car can I sue the driver of the standing vehicle also

Lawsuit

Charles Candiano
Charles Candiano
answered on Dec 6, 2021

If a vehicle was stopped on a roadway and ANY of the vehicle remained on the roadway, it constituted a hazard to other vehicles on the roadway and it is liable for ALL property damage and injury that results, no matter how many vehicles are involved. If the stopped car caused the car that hit you... View More

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1 Answer | Asked in Car Accidents for Illinois on
Q: I have a Vehicle that is under warranty that has an engine problem. I have receipts of the maintenance done on the car,

Warranty company rejected the claim because the work was not done by a national chain? Can they do that?

Charles Candiano
Charles Candiano
answered on Dec 1, 2021

You have a contract with the warranty company. Nobody can answer your question without looking at the contract. The warranty company doesn't want you to go to someone who doesn't know what they are doing, do MORE damage, and then have you come back to them for more service.

1 Answer | Asked in Car Accidents for Illinois on
Q: My car was involved in an accident a side swipe at the scene I gave my information the other party pulled off

The other party didn’t give me there information a couple weeks after the accident this young lady contacted me via Facebook and got my cell from local people sending me threats of what’s she’s going to do if I don’t cough up money for her car after we went back n forth a moment of who’s... View More

Charles Candiano
Charles Candiano
answered on Nov 20, 2021

Why are you admitting to a hit and run, in a public forum? You gave the other driver your information because you were at fault. You were obligated to get the other driver's information and you should have made a police report and turned it in to your insurance company. The only reason... View More

1 Answer | Asked in Car Accidents for Illinois on
Q: If I got Into a car accident and I was issued a ticket but the cop said I didn’t have to show up to court I just had

To pay it. But then I got a letter in the mail saying I have to show up to court.what does that mean?

Charles Candiano
Charles Candiano
answered on Nov 3, 2021

Obey the "letter" from the Court. Most importantly, Contact your insurance carrier and seek their advice BEFORE you do anything that may jeopardize your coverage. Part of your insurance is a "duty to defend" you. That would be VERY expensive or not affordable if you had to pay for it.

2 Answers | Asked in Traffic Tickets and Car Accidents for Illinois on
Q: what is a 11-602 citation

girl ran a stop sign hit me and cited for 11-602A

Theodore J. Harvatin
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Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 8, 2021

That isn’t a violation. Probably 11-601. Failure to reduce speed to avoid an accident most likely. Part of the speeding section. It’s a minor violation.

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2 Answers | Asked in Car Accidents, Libel & Slander, Criminal Law and Civil Litigation for Illinois on
Q: Can a person take a picture of my car to use as evidence in their case?

A petitioner took a picture of my car to use for their evidence because they say that my car resembles a car they have video of but not plate number. The person took the picture without asking me. I explained that just because my car is the same model in their video doesn’t mean it proves it’s... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 15, 2021

No one needs your permission to take a picture of your car if it is visible anywhere. In fact, the photograph may be offered into evidence as corroborating evidentiary exhibit that may show that the make, model, shape, color and the type of the vehicle matches the one on the video.

A...
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2 Answers | Asked in Car Accidents and Traffic Tickets for Illinois on
Q: If you have a accident with another vehicle and receive a ticket for ignoring traffic light. Should you sign and pay.

No one seemed to be injured and driving record great but don't want to admit guilt by signing ticket if there is another way or if it could turn out to bite me later.

Dan Nold
Dan Nold
answered on Aug 31, 2021

You should not. It can be used against you in any potential civil claim.

Also, you have a decent chance of getting the ticket dismissed by pleading not guilty and requesting a bench trial. An attorney can be used to make sure this process goes smoothly and to ensure that you don’t say or...
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1 Answer | Asked in Car Accidents for Illinois on
Q: boyfriend took car without permission and did a hit and run on someone else’s car. Everything is in my name. What to do?

He doesn’t want me to tell on him but I feel like I’m going to be responsible for his mess. He hit a car and left the scene. While I was sleeping. The police towed it and I never heard anything. Now I’m out of a car. What should I do? I don’t want to get him in trouble and gets mad if I... View More

Charles Candiano
Charles Candiano
answered on Aug 2, 2021

Please consider the following:

1.) I have never counseled a client to lie and I am not telling you to lie. That said, you need to understand that if you tell the police that your boyfriend took your car, without your permission, you are telling your insurance company that they are not...
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1 Answer | Asked in Car Accidents, Insurance Defense and Traffic Tickets for Illinois on
Q: I have a car with insurance but my brother drove my car with a revoked license. I was not aware. Will I be covered?

He drove my car while I was out of the country. Just waiting for my insurance to call back.

Charles Candiano
Charles Candiano
answered on Jul 26, 2021

It depends on your carrier. Your insurance only covers "licensed drivers." Given that his license was revoked, your brother was NOT a licensed driver. Any carrier could use such an opportunity to legitimately deny a claim. That you were unaware is irrelevant unless he stole the car.... View More

2 Answers | Asked in Car Accidents and Personal Injury for Illinois on
Q: I was involved in a minor accident & I have no insurance. Will I have to go to court? They sent me an attorney lien lett
Robert D. Kreisman
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Robert D. Kreisman
answered on May 4, 2021

The short answer is that a lawyer for the party who may claim some injury has sent you the form letter that generally kicks off such a case. I'm sure the letter asks you to report this incident to your insurer, which you don't have. Many lawyers in your situation will turn to their... View More

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1 Answer | Asked in Car Accidents for Illinois on
Q: My BF was in a car accident, was sued. He doesn't work, I do. Can his attoney come after me?
Tim Akpinar
Tim Akpinar
answered on May 20, 2021

An Illinois attorney could advise best, but your question remains open for three weeks. It could depend on whose name the car is under. In trying to offer a simplified response based on the limited details here, it would more likely be the other vehicle's attorney who could be a matter of more... View More

1 Answer | Asked in Traffic Tickets and Car Accidents for Illinois on
Q: I was in an accident other driver was charged with lane viol he's fighting it in court if win can state come after me?

I've been called in to testify

Charles Candiano
Charles Candiano
answered on Apr 27, 2021

You asked this under Illinois law so I assume the accident was in Illinois. I cannot comment on Nebraska law as I do not practice in Nebraska.

You have been subpoenaed to testify as a State's witness. ostensibly, your testimony will support the State's contention that the...
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2 Answers | Asked in Traffic Tickets, Car Accidents and Insurance Defense for Illinois on
Q: I'm uninsured and someone lets me drive their car also is uninsured, i got into totaled the car, i do i have to pay?

got into an accident and totaled the car*, is it required to pay them?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 5, 2021

If you are at fault in the accident and do not have insurance, then the victim or other party's insurance company very well may make demand on you and/or sue you for the damages. Also, it may impact your driving privileges. Depending on your financial situation, you may want to consult a... View More

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